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The National Center on Dispute Resolution in Special Education

"Encouraging the use of mediation and other collaborative strategies to resolve disagreements about special
education and early intervention programs."

Michael Moffitt ~ The Four Ways to Assure Mediator Quality (and why none of them work)

Session Summary: What, if anything, reasonably provides mediation consumers with confidence about the quality of mediators’ services? The expansion and maturation of mediation as a practice has understandably (and laudably) led many to begin to focus attention on questions of quality assurance. Those who care about mediation might wisely look to other practices or professions for indicators of what mechanisms are most effective. A careful look at these available mechanisms, however, reveals that none of them currently operates as effectively for mediation as they do for other practices and professions. Some mechanisms fail because of the nature of mediation practice. Some fail because of the nature of current regulation or common law doctrines related to mediation. Some fail because of the current shape of the market for mediators. Only the fact that all four of the mechanisms fail in the context of mediation makes this a remarkable and unsustainable condition. By understanding how quality assurance works in other practices, and by understanding how those mechanisms have evolved over time, we gain an important set of insights about the possible future(s) of mediation. Building on the descriptive and predictive components of this inquiry, we can then responsibly engage in a conversation about what that future ought to look like.

Michael Moffitt, Dean, University of Oregon School of Law:

Learn More About Michael Moffitt

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Session Transcript and Materials Available Below:

MichaelMoffittTranscript.pdf
MichaelMoffittTranscript.pdf
Moffit4WaysAssureMediatorQualityBreakout.pdf
Moffit4WaysAssureMediatorQualityBreakout.pdf
MoffitPowerPointFourWaysBreakout.pdf
MoffitPowerPointFourWaysBreakout.pdf
MoffittHandoutSuingMediators.pdf
MoffittHandoutSuingMediators.pdf
MoffittTenWaysToGetSuedMediatorsGuide.pdf
MoffittTenWaysToGetSuedMediatorsGuide.pdf

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