Elements of a Successful Mediation Program
Selected Resources turn annotation on
ADR Handbook for Judges
Stienstra, Donna; Yates, Susan. 2004
Abstract: This comprehensive handbook provides judges the tools they need to properly establish and manage programs, as well as cases, in particular areas of the law. Covered areas are general civil, small claims, divorce, child protection and dependency, adult guardianship, probate, victim-offender, juvenile/criminal, bankruptcy, mass claims, community mediation, and appellate.
Mediator Standards in Court ADR: One Size Does Not Fit All
Yates, Susan. Analyzing the Alternatives, Fall/Winter 2002
Abstract: In this article, the author discusses the extent to which courts should set skill and ethics standards for mediators involved in court-related mediation programs. She explains the need for standards is partially determined by the type of program offered by the court, and provides four program parameters with which to measure that need. These include the level of the court's involvement in administering the program, the level of sophistication of litigants, the extent to which litigants may choose their mediator, and whether participation is voluntary or mandatory. The author argues a court's responsibility to set mediator skill standards increases when the court is actively involved in administering the program, the sophistication of litigants is low, participants are not given a choice of mediators, and/or participation is mandatory. Ethics standards, however, should be set wherever a court refers parties to mediation. The author also provides examples of existing mediator standards and makes recommendations on how standards in Illinois could be improved.