Contingencies in the mediation of disputes.

Abstract

Although it is widely recognized that the behavior of mediators in resolving disputes is often contingent on the characteristics of disputes, little systematic research has examined mediators' perceptions of the contingent use or effectiveness of their behavior. We surveyed 255 professional mediators about the features of the disputes they encountered, the tactics they used, and the outcomes they achieved in their most recently completed case. Confirmatory factor analysis was used to test a hypothesized factor structure for mediator behavior, and exploratory factor analyses provided information about the underlying structures of dispute features and mediation outcomes. The results of the factor analyses served as the basis for an assessment of perceived contingencies among dispute sources, mediator tactics, and outcomes. The results of correlational analyses suggest that the mediators used many tactics contingently. The results of moderated multiple regression analyses indicate that mediators believed some tactics were effective in certain dispute situations and not in others. Tactics viewed as positively related with success in some disputes were viewed as unrelated or even negatively related with success in other disputes.Mediation has long been regarded as an effective technique for helping people resolve disputes in organizational and other settings. It is probably best known as a component of collective bargaining in formal labor-management interactions, and there is growing interest in mediation as an informal mechanism of coordinating social and organizational goals (Kressel & Pruitt, 1989). However, research on mediation is in its infancy. In this article, we report an exploratory empirical investigation of mediation as it is practiced in an assortment of arenas, including labor, marital, community, judicial, family, environmental, marketplace, and landlord-tenant disputes.Many writers have acknowledged that mediators often use strategies and tactics contingent on the dispute situation (Car-

A study of construction mediator tactics—Part I: Taxonomies of dispute sources, mediator tactics and mediation outcomes

“…Correlation analyses were used to identify the linkage between dispute source and tactics. Similar researches were also conducted on divorce [21] and publication union mediations [19]. There is no doubt that, a mediator would use the most appropriate tactic to achieve the desired outcome.…”

“…This is often described as the contingent use of tactics. The contingent approach advocates that mediators' tactics should be adaptive to the contexts such as nature of the dispute and the attitude of the disputants [18,[21][22][23][24][25]. For example, in the study conducted by Carnevale et al (1985) [18], a total of 32 labor mediators were invited to rate 24 sources of dispute and 37 tactics employed in their recently mediated case prior to the study.…”

“…In this regard, study on mediation tactics shall further our understanding of the mediation process. A number of researches have been conducted to identify the kind of tactics commonly used by mediators in labor and divorce disputes [17][18][19][20][21]. Moreover, not all tactics is of equal strength or derives similar effect.…”

“…There is no doubt that, a mediator would use the most appropriate tactic to achieve the desired outcome. However, this task is not that straightforward and requires considerable experience [21]. Mediators tend to rely on their cognitive schemas to map out the interrelationship among the three dimensions of mediation; dispute sources, tactics and outcomes [26].…”

Winning the War and the Relationships: Preparing Military Officers for Negotiations with Non-Combatants

“…Other important targets of training could include how to best sequence the issues to be discussed, determine underlying needs of both parties, manage the exchange of proposals between the disputing parties, assess areas of common ground, and determine where each party may be willing to make concessions (Kelman, 1996;Rubin, 1980;Weiss, 2003;Zubek, Pruitt, Peirce, McGillicuddy, & Syna, 1992). Officers must also learn to apply forceful, proactive mediation techniques in the face of intense and hostile conflicts and a more relaxed, facilitative role when dealing with less intense disputes (Lim & Carnevale, 1990).…”