The AAA-ICDR Foundation is pleased to share a new series of infographics based on empirical studies conducted by Roselle L. Wissler and Art Hinshaw that shed light on evolving trends in mediation practices. Drawing from surveys of over 1,000 mediators across eight states, these studies offer data-driven insights into how initial mediation sessions are structured and experienced across civil and family dispute contexts.

Key Insights from the Infographics Include:

• Initial Joint Sessions Remain Prevalent, but their content has shifted. While many mediations still begin with both parties together, traditional features like opening statements and substantive dialogue now occur less frequently.
• Mediators’ Habits and Local Norms Influence Structure. Mediators often default to a single approach, and the state where mediation occurs strongly predicts whether a joint session or caucus is used.
• Pre-Session Communication Is Widespread, yet disputants are often absent, and its structure varies significantly depending on counsel involvement and mediator background.
• Joint vs. Caucus Outcomes Differ by Context. While no single format ensures better results, the nature and depth of discussions in the initial session play a more significant role than whether parties are physically together.

These infographics aim to make the findings accessible and actionable for practitioners, court systems, and policy makers interested in the future of mediation.