A survey of thirty experienced mediators showed that three‐quarters of them regarded achieving rapport with the parties as central to their success in bringing about settlements. This article discusses how mediators achieve and make use of that rapport. The article also considers the implications for mediator training of the finding that achieving rapport with the parties is a key factor in successful mediation.
In a survey of 216 advocates in mediation, the successful mediator's ability to gain the confidence of the parties was cited as important to his or her success more frequently than were any of the skills used by the mediator to bring about agreement. This article discusses the means by which mediators gain the confidence of disputing parties. The article also discusses the different skill and attribute profiles of different successful mediators and the advocates' views of the reasons for mediator failure. The article considers the implications of its findings for mediators, trainers, and advocates, and concludes with suggestions for future research.
This article describes an experiment in the mediation of grievances that recently took place during two six-month periods in four districts of the United Mine Workers of America. Eighty-nine percent of the 153 grievances taken to mediation during the experiment were resolved before arbitration. This success rate did not appear to be influenced by whether one or both parties had to consent to take a grievance to mediation, or by the identity of the mediator or the nature of the issue, although no discharge grievances were mediated in the experiment. Instead, the key to settlement appeared to be the parties' willingness to negotiate. Cost savings attributable to mediating instead of arbitrating the 153 cases were nearly $100,000, and the average grievance was resolved three months sooner in mediation than it would have been had it gone to arbitration. Most of the participants in the experiment had favorable attitudes toward the process, regardless of the outcome of their particular case.
A studv of 449 cases administered by four major providers of ADR servicesshowed that mediation was capable of settling 78 percent of cases, regardless of whether the parties had been sent to mediation by a court or had selected the process voluntarily Mediation also cost fitr less than arbitration, took less time, and was judged a more satisfitctoop process than arbitration.
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