Applying the Comprehensive Model to Workplace Mediation Research

Locations for advice‐giving and the production of neutrality in divorce mediation sessions

“…Previous research has shown that while disputants rarely make accusations of bias within mediation sessions (Garcia et al, 2002; Heisterkamp, 2006a, 2006b; Jacobs, 2002), most studies report that at least a small percentage of participants feel that a mediator was biased toward them (e.g., Charkoudian & Wayne, 2010; Polkinghorn & McDermott, 2006; Wissler, 2002, 2004, 2006). The production of advice can be a potential trigger for a perception of bias if it can be seen to support one disputant's side in a disagreement.…”

“…Some scholars, however, challenge the idea that neutrality is a necessary or desirable aspect of the mediation process (see, e.g., Bishop, Picard, Ramkay, & Sargent, 2015; Mayer, 2004; Mayer, Stulberg, Susskind, & Lande, 2012). While previous research consistently finds disputants rating their experience with mediation positively, most studies also show that a small percentage of disputants perceive that mediators are biased against them (e.g., Charkoudian & Wayne, 2010; Polkinghorn & McDermott, 2006; Wissler, 2002, 2004, 2006). Studies such as Garcia, Vise, and Whitaker (2002), Jacobs (2002), and Heisterkamp (2006a, 2006b) have shown how challenges to neutrality can lead to the abandonment of the mediation process or otherwise interfere with its effectiveness.…”