Mediation by any other name would smell as sweet—or would it? The struggle to define mediation and its various approaches

Abstract

This article reports on two studies. The analysis of the first study, a survey of 250 mediators, finds four distinct groups of mediator “clusters,” based on self‐reported strategies. These four clusters are described in detail and mediators' self‐defined labels are then correlated with the four clusters. There is little consistency between the labels mediators give their approach and the cluster into which they actually fall in this survey. The analysis of the second study, which involved observation and coding of actual mediations, finds that those mediators who were observed to use any directive strategies tended to use mostly directive strategies and those mediators who were observed to use any elicitive strategies tended to use mostly elicitive strategies throughout the observed mediation case. This challenges the notion that mediators may use both directive and elicitive strategies together in the same mediation.

Intermittent Evaluative Mediation With Enduring, Postdivorce Conflict

“…Supporting this contention, Della Noce (2009) recently reported that in a study of the types of mediation practiced by practitioners, 62% of the sample claimed to practice evaluative mediation, either alone or in combination with other mediation approaches (i.e., facilitative or transformative). Likewise, Intermittent Evaluative Mediation 149 Charkoudian, De Ritis, Buck, and Wilson (2009), in their study of mediator approaches and techniques, found that mediators who reported using evaluative strategies do not give themselves the label of directive or evaluative.…”

What works in alternative dispute resolution? The impact of third‐party neutral strategies in small claims cases

“…As prior research has shown, neutrals who identify with a particular framework engage in behaviors inconsistent with that orientation (Charkoudian et al, 2009;Golann, 2000;Wissler, 2004). In both processes, a third-party neutral assists the parties in discussing the dispute and negotiating potential options for resolution, using a range of strategies in the process.…”

“…Yet, neutrals vary in their training and approach and the specific techniques used throughout the ADR session (Charkoudian, de Ritis, Buck, & Wilson, 2009;Riskin, 2003). Yet, neutrals vary in their training and approach and the specific techniques used throughout the ADR session (Charkoudian, de Ritis, Buck, & Wilson, 2009;Riskin, 2003).…”

Putting the peaces together: a situated model of mediation

“…Third, as indicated earlier, we assessed the mediators preferred style using Kressel's (2007) categorization: facilitative, evaluative, strategic, transformational, narrative and victim-orientated. Fourth, we also wanted to control for the goals of the mediation as perceived by the mediator using the five-item scale developed by Charkoudian et al (2009), which asks to what extent the following were goals of the mediation: agreement, clarity about needs and choices, understanding of each other, control of the outcome and ability to resolve future conflicts.…”