Position Papers - mediators

The survey

I am a lawyer, mediator and academic. I am conducting research into the use of position papers in mediation. By position paper, I mean any form of written documents provided to the mediator or other parties prior to the mediation for the purpose of influencing decision-making at the mediation - not just providing personal details or court pleadings.

I would appreciate if you could complete the short survey - from the perspective of a mediator. Your response will be anonymous as the survey monkey app does not collect or report the identity of respondents. There are 14 short multiple questions. It will take you 5 minutes to complete.

The research results will assist:
· Lawyers and parties engaging in mediation.
· Mediators to optimise their mediation process.

Thanks very much. Click below to start.

Matthew Shepherd

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* 1. What is your primary area of practice as a mediator?

Commercial

Family

Worplace

Wills and estates

General practice

Other (please specify)

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* 2. How many mediations have you conducted in the 12 months?

1 to 12

13 to 24

25 to 52

52 to 100

more than 100

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* 3. At your mediations, do lawyers attend?

Never

Sometimes

Usually

Always

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* 4. Do you request position papers?

Never

Sometimes

Usually

Always

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* 5. When you do not ask for position papers, do lawyers or clients provide them?

Never

Sometimes

Most times

Always

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* 6. When you do ask for position papers, do you ask that they be shared with all parties?

Yes

Sometimes

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* 7. When you do ask for position papers, do you give guidance as to what should be included?

Yes

Sometimes

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* 8. How long before the the mediation, do lawyers or their clients typically provide position papers?

1 week or more

between 3 days to a week

less than 3 days, more than 1 day

the day before

the morning of the mediation

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* 9. When you receive a position paper, do you read it?

Never

Sometimes

Usually

Always

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* 10. When you receive a position paper, do you refer to it during the mediation?

Never

Sometimes

Usually

Always

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* 11. How often has a position paper influenced your thinking about how you will conduct the mediation?

Never

Rarely

Sometimes

Often

Always

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* 12. How often has a position paper influenced your thinking about possible outcomes?

Never

Rarely

Sometimes

Often

Always

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* 13. How often have you observed a position paper influence a party at mediation?

Never

Rarely

Sometimes

Often

Always

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* 14. How often have you observed a position paper influence a lawyer at mediation?

Never

Rarely

Sometimes

Often

Always