Ohio State Journal on Dispute Resolution
In this Article, this thesis is developed in several steps. Part II offers a brief history of the earliest significant efforts to develop mediator performance testing, showing how those efforts were grounded on the "core skills" and "homogeneity" premises. Part I then presents several examples of performance tests that followed the example of that early model. Part IV discusses the development in the field of the recognition that there are different and distinct models of mediation in use and traces the impact of that recognition on performance testing, analyzing two specific examples of performance tests, showing how each addresses the issue of "models" and concluding that although there has been significant improvement in this area, no current testing regime is sufficiently pluralistic in its approach to different models of practice. Finally, Part V suggests what a pluralistic approach to performance testing might look like and argues that such an approach is both practical and desirable.
Robert A. Baruch Bush,
One Size Does Not Fit All: A Pluralistic Approach to Mediator Performance Testing and Quality Assurance, 19 Ohio St. J. on Disp. Resol. 965
Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/646