The impact of mediator strategic choices: An experimental study

Kimsey, William D.; Fuller, Rex M.; Bell, Andrew J.; McKinney, Bruce C.

doi:10.1002/crq.3900120108

Cited by 17 publications

References 9 publications

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Evaluating transformative practice in the U.S. Postal Service REDRESS program

Nabatchi

Bingham

Moon

2010

Conflict Resolution Qtrly

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Interest in transformative mediation is growing, yet there are few tools with which to assess mediators' use of the transformative model. This study presents a novel way of examining transformative mediation in practice. It triangulates data from training and screening processes and surveys of both mediators and participants to determine whether mediators in the U.S. Postal Service REDRESS program were correctly using transformative mediation. The results indicate that during the period of the study REDRESS mediators were in fact engaged in transformative practice. Such triangulation of data may be a useful approach to assessing transformative practice in other organizations.

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Evaluating transformative practice in the U.S. Postal Service REDRESS program

Nabatchi

Bingham

Moon

2010

Conflict Resolution Qtrly

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How Mediation Works

Garcia

2019

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The mediators in these data play major roles in shaping the interaction that occurs in the sessions. This chapter therefore begins with a discussion of how mediators open the session and explain the ground rules of the mediation process and expectations for disputant behavior. In a previous study of the West Coast small claims mediation program, I found that disputants were instructed to address their remarks to the mediators, to avoid interrupting each other, and to wait until solicited to speak by a mediator (Garcia 1991). This interactional organization was functional for the process of conflict resolution because it enabled participants to constructively discuss problems while minimizing the occurrence and escalation of arguing. This chapter extends that previous research by incorporating the analysis of all three data sets. I will show how mediators display their orientation to the speech exchange system of mediation through their facilitation of the session and management of departures from the turn-taking system.This chapter also investigates some key variations in interactional organization between the different mediation programs studied, in particular between the small claims and divorce mediation programs. The divorce mediation sessions, especially in later sessions of these multisession cases, at times have a more conversational structure than is typical in the small claims mediation sessions. I describe and contrast this "hybrid" style with the typical mediation format and show how it incorporates elements of both conversational and mediation speech exchange systems. Mediation Session OpeningsThe mediator's approach to opening the session and explaining the process of mediation to the disputants has an impact on the interactional organization of the session and its subsequent effectiveness in solving problems and creating agreement. The specific instructions mediators give to disputants in the opening portion of the hearing vary from program to program and from mediator 29

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2019

How Mediation Works

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The impact of mediator strategic choices: An experimental study

Cited by 17 publications

References 9 publications

Evaluating transformative practice in the U.S. Postal Service REDRESS program

Evaluating transformative practice in the U.S. Postal Service REDRESS program

How Mediation Works

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