What makes court-referred mediation effective?

Abstract

Purpose -The purpose of this paper is to obtain insight into court-referred mediation in the Israeli Labor Courts, by analyzing its processes and outcomes, as a function of tactics used by both the disputants and the mediator. Design/methodology/approach -Observation of 103 court-referred mediations, for each of which a detailed process and outcome were documented. Data on disputants' refusal to participate in the mediation was also collected. At the end of each mediation case, disputants were given a questionnaire in which they expressed their satisfaction with the outcome and their evaluation of the mediator's contribution. Findings -A low rate of refusal to participate in court-referred mediation was found. Also, the higher the ratio of soft tactics to pressure tactics employed (by all parties involved) during the process, the higher the rate of agreements. Mediators use significantly more soft tactics than disputants, and are more active in using tactics. The two significant variables that predict the mediation's agreement are the ratio between soft tactics to pressure tactics used by all parties, and mediator contribution to the process. Practical implications -The significant role of soft tactics in the process, outcome, and satisfaction of court-referred mediation may serve as a guideline for disputants and mediators. Originality/value -This unique research, which examines the impact of tactics on court-referred mediation, may provide added and significant theoretical insight into its process and outcome, as well as a better understanding of other "hybrid" (compulsory at the beginning, voluntary at the end) mediations.

Managerial Mediation Competency: A Mixed‐Method Study

“…Regarding the issue of voluntary involvement, research on mediation in other contexts in which authorities have encouraged the practice (e.g., court‐referred mediation) suggests that people will be satisfied with mediation to the extent that they have favorable views of the mediator and of the procedures employed during the process (Galin ). By extension, even when managers recommend that their employees participate in mediation, the process can succeed provided the mediators have cultivated their referent power among employees and that they demonstrate equitable treatment.…”

The role of the law in Chinese judicial mediation: a case study

“…However, in the context of court-annexed mediation, evaluation techniques become more and more effective and welcome, because they indicate an expansion in self-determination. Indeed, Court-referred mediation is a sort of hybrid mediation, meaning compulsory of the beginning and voluntary at the end (Galin, 2014). Control over the final settlement by the parties, namely, that the parties determine whether to settle or not without coercive pressure, has been identified as the fundamental, core characteristic of the mediation process.…”