Mediator Strategies, and the Role of Mediator Race/Gender

The Fall issue of ACR’s Conflict Resolution Quarterly had a number of very informative and interesting articles that are well worth summary, comment and praise.  See Vol 28, No. 1.  Of particular interest to me were two empirical studies:

• “Do Mediators Walk Their Talk in Civil Cases?,” by James A. Wall, Jr. and Suzanne Chan-Serafin; and
• “Fairness, Understanding, and Satisfaction:  Impact of Mediator and Participant Race and Gender on Participants’ Perception of Mediation,” by Lorig Charkoudian and Ellen Kabcenell Wayne.

The first study adds a very interesting twist to our understanding of the role played by our “mediator demeanor” or “style.”  The second adds texture to what we know and think we understand about gender and race dynamics, while highlighting some unexpected findings.

(Relatively) Recent and Exciting Arbitration Decisions

In the last few years, the legitimacy and reach of arbitration and arbitration clauses have been considerably expanded by the U.S. Supreme Court.  Three in particular interest me because they related to my own practice emphasis:  14 Penn Plaza, Rent-a-Center, and Stolt-Nielsen.  This blog will discuss their basic holdings and why they are significant in the larger scheme of arbitration.