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Growing the Mediation Profession (2)

Growing the Mediation Profession (2)

What needs to happen to grow the mediation profession?

 

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Well, when I, again, when I think of the American experience it was really, the growth, was really pushed by the courts. It started in California, where they had huge dockets and the judges said, ‘We’ve got to do something.’ Former judges left the bench and started mediation programmes and their fellow judges referred the cases. It brought the dockets down.

 

There have been a lot of experiments throughout the United States. I would say that many of the ‘mandatory’ programmes might have been the most successful. But today we’re going to have a debate and this comes out of the experience in Italy, about whether mandatory is really the right approach.

 

In Italy you had the lawyers go on strike. Who ever heard of lawyers going on strike? Because mediation was mandated. But there you have it. There’s going to be these continual hard discussions about what’s the best way to promote it. There has to be more of a groundswell from the users themselves that say, ‘Yes, we want to use it’ and, ‘Yes, we want to find the best people to facilitate the process.’

 

I always like to say that the insurance industry is the largest consumer of ADR. They use it from small claims to large claims. They use it in the United States that way. They don’t use it outside the United States very much, but then again, maybe that’s because their litigation docket is not as large outside the United States. So the milestone there is identifying why mediation, and how mediation should be used in the context of countries where there is low litigation, low court intervention.

About the mediator

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Deborah Masucci is currently Chair and Board Member of the International Mediation Institute (IMI) and was former Chair of the American Bar Association’s (ABA) Dispute Resolution Section with over 9,000 members worldwide. She is a Board member for Access ADR. She is a member of the International Arbitration Club of New York. She also serves as a full time arbitrator and mediator. Deborah was recruited to AIG in 2003 to establish its Office o... View Mediator