Divorce mediation: When mediators challenge the divorcing parties

This experimental study of mediator strategic‐choice behavior examines disputants' perceptions of mediator competence, disputants' potential reframing behavior, and the choices of conflict management message style that disputants make in response to mediator behavior. The study focuses on disputants' responses and behaviors that result from mediator facilitation strategies, as originally defined by the strategic‐choice model. The data suggest that mediators can manipulate positive mediation outcomes by employing various strategic‐choice facilitation strategies. Evidence presented suggests ways to overcome the negative consequences of a double standard for evaluating mediator competence, often used by disputants when a mediator successfully mediates.

Section: Discussionsupporting

confidence: 69%

mentioning

confidence: 92%

The impact of mediator strategic choices: An experimental study

Kimsey¹,

Fuller²,

Bell³

et al. 1994

“…Such studies will demonstrate exactly which parts of the intervention are necessary to resolve disputes. This work will lead to the creation of more efficient divorce mediation interventions and will be aided by the findings of process studies and descriptive schemes for coding sessions (Donohue, Allen, and Burrell, 1985;Folger and Bernard, 1985;Kressel and others, in press;Slaikeu, Culler, Pearson, and Thoennes, 1985;Slaikeu, Pearson, Luckett, and Myers, 1985).…”

Section: Discussionmentioning

confidence: 99%

Divorce mediation: Four models and their assumptions about change in parties' positions

Schwebel

Gately²,

Renner

et al. 1994

The authors identify four different models into which divorce mediation approaches and case studies fit: legal, labor management, therapeutic, and communication and information. Each model holds a unique central assumption regarding what will bring about change in parties' positions during divorce mediation. This assumption plays an important role in shaping mediators' intervention strategies and the interactions that develop during sessions. Given the differences in the models, the potential of divorce mediation may not be fully realized until practitioners and researchers, at some future point, develop ways to match parties with the approach that best suits their needs.

“…Donohue's (1991) analysis of twenty family mediations and Greatbatch and Dingwall's (1989) case illustration of a divorce mediator documented how mediators define and prioritize issues for discussion in order to make reaching settlements in divorce cases easier. Further, research (see Bernard, Folger, Weingarten, and Zuoneta, 1984;Folger and Bernard, 1985;Greatbatch and Dingwall, 1989;Kolb, 1994) suggests that mediator influence over problem-solving and settlement terms has been a highly accepted behavior in the field of mediation.…”

Section: Marc Martinmentioning

confidence: 99%

How transformative is volunteer mediation? A qualitative study of the claims of volunteer mediators in a community justice program

Martin

2000

The framework of transformative (non‐problem solving and non‐outcome oriented) mediation that Bush and Folger developed and put forth has generated much discussion in the field of mediation over the past several years. However, despite the apparent importance and urgency of the problems that the transformative model proposes to address, little if any discussion involves its relation to the practice of volunteer mediators. In order to ascertain whether such a relation exists, it would be necessary to inquire as to whether elements of the transformative approach to mediation exist in the volunteer dispute resolution setting and, if so, to what degree. This qualitative study of twenty‐four volunteer mediators of varying levels of experience examined their claims regarding their use of the transformative approach in their practice. It found, according to Bush and Folger, that their rhetoric is, at base, problem solving in, nature. That is, no mediator in this study was found to be exclusively transformative according to the Bush and Folger framework. However, respondents with the most experience (based on the number of mediations and length of time mediating) seemed to express more commitment to a transformative approach in their practice than those with less experience.