Mediation Receptivity Index (MRI)
The Concept
Why appear some jurisdictions to be so receptive to mediation and others so indifferent or even hostile to it? Why seem some states to have a higher level of mediation activity than others? What are the factors which facilitate an increased use of mediation and how can we measure mediation growth?
In 2006 mediation pioneer Professor Frank E.A. Sander presented his idea of the Mediation Receptivity Index (MRI) as a tool to explore answers to these thronging questions. He envisioned the creation of a meaningful metric to measure the extent of mediation development and activity in a particular jurisdiction. Such a metric, which would be determined through a generally accepted protocol, would not only allow comparisons between different jurisdictions but also permit to monitor mediation development over a longer period of time. It would allow all kinds of insights which are helpful to improve mediation development and to enhance mediation utilization throughout the country.
In order for this complex idea to become fully functional, a methodology has to be developed which translates something as ambiguous as Mediation Receptivity into a metric which reliable serves as an indicator for extent of mediation development and receptiveness in a particular jurisdiction. An initial proposal for such a methodology has been formulated and might serve as a first starting point for further research and analysis (see 22 Ohio State Journal on Dispute Resolution (2007) )
The Challenges
The development of a metric which aims to reliably determine mediation development poses considerable challenges which the current research project seeks to address. These challenges include:
- Definitional issues. What actually is Mediation Receptivity?
- The dearth of sufficient and high quality data.
- The design of an formula to calculate the MRI.
- How can we measure quality aspects of mediation?
Resources
The development of the MRI and the methodology for its implementation will be discussed in the upcoming issue (Volume 22) of the Ohio State Journal on Dispute Resolution .
Frank. E.A. Sander, Developing the MRI (Mediation Receptivity Index), 22 Ohio St. J. on Disp. Resol. 599 (2007)
Matthias Prause, A Methodology for the Determination of the MRI (Mediation Receptivity Index), 22 Ohio St. J. on Disp. Resol. 610 (2007)
Recent Developments
| March 7, 2007 | Examining Mediation Developments across the United States: Two ApproachesTalk with Frank E.A. Sander, Matthias Prause and Craig McEwen at Harvard Law School’s Program on Negotiation (PON) |
| September 20, 2006 | Developing a Mediation Receptivity Index (MRI).Talk with Frank E.A. Sander at Harvard Law School’s Program on Negotiation (PON) |
| March 30, 2006 | Developing the MRIFrank E. A. Sander presents the annual Schwartz Lecture on Dispute Resolution at The Ohio State University Moritz College of Law. |