Judicial Mediation: Techniques, Strategies, and Situational Effects

Abstract

This paper investigates the mediation techniques and strategies used by judges to facilitate the out‐of‐court settlement of civil cases, and it discusses the circumstances under which judicial mediation is mostly likely to occur. The first of two studies reveals that judges, when using mediation techniques, employ them in three strategies‐logical, aggressive, and paternalistic‐and that the logical strategy is most effective. Study 2 unearths another strategy‐a client‐oriented approach‐but it does not corroborate the effectiveness findings of Study 1. A final section speculates about the situational factors that influence judicial intervention.