This paper reviews some of the fundamental concepts of mediation before offering ideas, observations, and analysis aimed at advancing the mediation cause in a positive direction. Grounding his discussion in a fusion of theory and practice, the author introduces useful and progressive articles and books on the subject of mediation. Some of the many topics covered include psychological considerations in dispute context, autonomy/self-determination, theory versus practice, and preparation for advocacy.

This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.