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.
This research examines "what works" in small claims court alternative dispute resolution (ADR) processes.Using a comprehensive quasi-experimental design that combines real-time behavioral observation of authentic small claims court ADR sessions with pre-and postintervention questionnaires, the study measures the immediate and long-term impact of various strategies by thirdparty neutrals on party attitudes and case outcomes. Eliciting participant solutions had the broadest range of positive impacts. Greater percentage of time spent in caucus was associated with negative outcomes. Reflecting had short-term positive associations and neutral offering solutions had long-term negative associations.
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