The value of decision analysis in mediation practice

Conclusion To be constructive and effective within the mediation process, a mediator's case evaluation must be carefully derived and reasoned, persuasively articulated, and tactfully delivered. A decision analytic approach allows the mediator to structure and present an intellectually rigorous evaluation while minimizing the risk of perceived loss of neutrality. This approach can enhance the mediator's ability to unlock or redirect participants' emotional and professional investment in litigation and to remove personal and organizational incentives for entrenchment in adversarial and costly disputes.In a particularly complex case, using computer software for decision analysis offers added value by facilitating discussion of the evaluative analysis among additional decision makers who were not at the table. It provides a neutral language and method with which the mediator can probe and challenge the parties' stated positions and tolerance for risk. By helping people focus more clearly and dispassionately on the choices they face, a decision analytic approach and its presentation on computer software should enable them to achieve intelligent settlements.She also specializes in the mediation of legal disputes and the design of curricula in negotiation and mediation practice.