Abstract

AbstractThrough analysis of three mediator interventions, including two from the author's field research on child custody mediation in the Los Angeles County Superior Court, the author suggests that the theoretical distinctions between process and content, and between considering options and making suggestions, are untenable in practice and inadvisable as the sole basis for developing good mediation practice criteria (for example, the Model Standards of Conduct for Mediators). As a complement, the author suggests the inclusion of situated substantive expertise (grounded understanding of the people participating, the particular problems they face, and the range of workable solutions) as an affirmative obligation for mediators.

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