Mediation from Beginning to End: A Testable Model

Herrman, Margaret S.; Hollett, Nancy; Gale, Jerry

doi:10.1002/9781405164238.ch2

Cited by 8 publications

(8 citation statements)

References 90 publications

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“…This has been identified as laying the foundations of a successful learning process that benefitted reconciliation or developing pragmatic solutions. This finding extends previous claims relating to the necessity of conveying empathy, warmth and building rapport (Herrman, Hollett and Gale 2009), and refines calls for the use of a tone that expresses genuine interest in parties' issues (Beer and Packard 2012). The recommended approach resonates with Bowling and Hoffman's (2000) argument that the mediator, creating an authentic connection with both parties, will influence their ability to negotiate successfully and unlock their own healing potential.…”

Section: Discussion and Recommendationssupporting

confidence: 86%

“…According to mediation theory, the perceptions of the mediator's empathy, rapport building, warmth, and respect, prime parties' openness to changes in mediation (Herrman, Hollett and Gale 2009). In the process the mediator is 'omnipartial', reflecting deep attentiveness and consideration for both parties (Bowling and Hoffman 2000: 12).…”

Section: Conceptualising Learning In Mediationmentioning

confidence: 99%

“…Linda doubted if the stress of mediation was worth facing, and her anxiety necessitated encouragement from the mediator to tackle. She perceives empathy, warmth and safety, prerequisites of change in mediation (Herrman, Hollett and Gale 2009), as underlying the mediator's active encouragement L:… I actually got to the door and I got there first and I had to drink water and I was talking to Iris and I was saying 'I don't know if I wanna do this' and she said 'You can walk out any point Linda'…(L: 593-596)…”

Section: Theme: Building Bridges: the Mediator Who Demonstrably Undermentioning

confidence: 99%

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Building bridges through learning as mediation parties’ lived experiences

Tallodi

2017

MTP

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While abundant literature has been devoted to describe mediation, there is little research exploring how parties perceive and make sense of the process. This article reports two associated main themes from an innovative qualitative research project conducted to understand the lived experiences of parties to mediation using interpretative phenomenological analysis for the first time in the literature. The findings present (1) learning as the key experience of participants in mediation, a so far neglected angle of the process, and (2) the mediator's compassionate approach involving conveying ample understanding and sensitivity toward parties' needs and concerns as facilitating learning. Meanings and fresh concepts have been generated through sensitive and careful analysis of the cases, providing a rich portrait of the dynamics of learning, and the way learning bridges differences between the sides. Implications for mediators and research are outlined.

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Section: Discussion and Recommendationssupporting

confidence: 86%

Section: Conceptualising Learning In Mediationmentioning

confidence: 99%

Section: Theme: Building Bridges: the Mediator Who Demonstrably Undermentioning

confidence: 99%

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Building bridges through learning as mediation parties’ lived experiences

Tallodi

2017

MTP

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“…This study seeks to fill the gap in the literature about what works in real custody mediation. We use a comprehensive quasi‐experimental design, modeled on that proposed by Herrman, Hollett, and Gale (). This model encompasses a range of inputs and processes and considers four points in time: (1) antecedent conditions, such as presession characteristics, beliefs, and attitudes of the parties and the mediators; (2) the mediation itself, including the actual behaviors of both the mediator and the parties; (3) immediate, postsession outcomes and party attitudes; and (4) long‐term impact of mediation on party beliefs and attitudes and case outcomes.…”

mentioning

confidence: 99%

What Works in Custody Mediation? Effectiveness of Various Mediator Behaviors

Charkoudian¹,

Walter²,

Eisenberg³

2018

Family Court Review

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This study uses behavioral observation and pre‐and post‐mediation questionnaires to measure the impact of mediator behaviors on participant attitudes and case outcomes in 130 court‐connected custody mediations involving 270 participants and 30 mediators. As a quasi‐experimental design, regression analysis controlled for a broad range of participant attitudinal and case characteristics. Mediator reflecting and eliciting strategies were associated with positive outcomes, while directing strategies had significant negative effects. Proportionally greater time spent in caucus was associated with increased participant trust in the mediator but more negative attitudes among participants. The article considers implications for mediators and court mediation programs.

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“…Another possible indicator of mediation success is parties’ long‐term compliance with the agreement (Pruitt et al ; Long ; Herrman, Hollett, and Gale ; McCorkle and Reese ). Parties’ relative hierarchical position in the conflict may also have some effect on how they perceive their counterpart's level of compliance with the agreement.…”

Section: Long‐term Effectiveness Of Mediation Of Hierarchical Conflictsmentioning

confidence: 99%

The Long‐Term Effectiveness of Mediating Workplace Conflicts

Kalter¹,

Bollen²,

Euwema³

2018

Negotiation Journal

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In this study, we explore the long‐term effectiveness of the mediation of hierarchical workplace conflicts by comparing and analyzing participants’ perceptions of short‐term and long‐term mediation effectiveness. Specifically, we surveyed supervisors and subordinates to determine the extent to which they perceive mediation to be effective one year after the conclusion of the process. In this study, we distinguish between mediations that result in a continuing employment relationship versus exit mediations, which occur when employees end their employment. We collected data from real workplace mediation cases in the Netherlands. Our results show a general positive relationship between short‐term and long‐term mediation outcomes. Supervisors and subordinates, however, perceive the long‐term outcomes somewhat differently, with supervisors perceiving greater compliance with the agreement than did subordinates after one year. We found no significant difference in perceptions of long‐term effectiveness between exit and nonexit mediations. In the article, we discuss the implications of our findings for mediation theory and practice.

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Mediation from Beginning to End: A Testable Model

Cited by 8 publications

References 90 publications

Building bridges through learning as mediation parties’ lived experiences

Building bridges through learning as mediation parties’ lived experiences

What Works in Custody Mediation? Effectiveness of Various Mediator Behaviors

The Long‐Term Effectiveness of Mediating Workplace Conflicts

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