Mediator Listening, Dispute Reframing, and Mediation Outcome: A Pilot Study

Assessing Listening Behaviors of Mediators in Low and High Coorientational Accuracy Settings

“…Mediation is a process that minimizes differences and maximizes agreement in a way that can empower the disputants involved by enabling them to negotiate a mutually satisfymg result (Arnold, Barden, Bell, Gudaitis, Johnson, and Oehrle, 1991b;Chandler, 1985;Grau, 1991;Kimsey, Fuller, & McKinney, 1993; Kelly & Gigy, 1990; Moore, 1986). Mediation often is described as an art because of the highly individualistic methods by which a mediator brings parties to an agreement or settlement (Burrell, Donohue, & Allen, 1990; Grau, 1991Grau, ,1993Lochan & Jick, 1978; Kolb, 1983; McKinney & Kimsey 1992; Rehmus, 1965).…”

“…Researchers Pruitt and Johnson (1970), and Volkema (1988) regard the role of the mediator as a face manager for the individuals in conflict; a facilitator who allows each disputant to tell the facts from their perspective without interruption. Furthermore, Kimsey, Fuller, and McKinney (1993) suggest that a mediator enters the conflict situation with the "intent of altering the interpersonal dynamics of the conflict relationship by helping them use effective listening/communication skills in order to help facilitate the resolution of the dispute" (p. 75).…”

“…However, regardless of the context, a mediator needs to be a neutral and nonevaluative person (Grau, 1993); a careful and understanding listener who can encourage parties to comprehend crucial facts and feelings (Kimsey, Fuller, & McKinney, 1993;McKinney & Kimsey, 1992); and an empathic communicator (Rogers & Salem, 1987;Zubek, Pruitt, Peirce, Iocolano, and McGuillicuddy, 1989). Young (1972) argues that impartiality and neutrality are critical role characteristics for mediators.…”

“…Further, Kimsey, Fuller, and McKinney (1993) comment that the mediator is neutral and has no authoritative decision-making power, which distinguishes the mediator from an arbitrator or judge. Chandler (1985) comments that mediation provides a neutral forum that promotes facilitation of cooperation rather than competitive conflict resolution.…”

The impact of mediator strategic choices: An experimental study

“…Several studies have reported the impact of selected mediator variables on the mediation process, on mediation outcome, and on disputants' perceptions. For example, Rogers and Salem (1987) and Kimsey, Fuller, and McKinney (1993) found that mediator listening behavior is a significant variable. Karim and Pegnetter (1983) and Briggs and Koys (1990) found that mediator tenacity and mediator experience are potentially important variables.…”