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Research • • Completed

Rapid Evidence Review: The Impact of Mediation on Outcomes, Experience and Bias

Dr Daisy Ogembo  |  1st October 2021

This rapid evidence review compares the experience of mediated versus court-based processes on outcomes, experience and bias. It reviews the existing evidence base in United States of America, Canada and Australia. The following questions are addressed through the review:

  • What is the impact of mediation on outcomes for parties, compared with outcomes secured through court-based processes?
  • What is the impact of mediation on the experience of parties when compared with court-based processes?
  • Are particular groups – for example, women, parties from minority ethnic groups and those on low incomes- disadvantaged by moving from court based to mediated processes?
  • Are particular types of dispute more or less suited to resolution through mediation? For instance, family, civil money claims etc., and/or disputes between parties where disparities of resources and power are minimised.
  • What models of mediation are effective in delivering a.) parity of outcome with court-based processes and b.) parity of experience or improved experience when compared with court based processes?

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