Disputant and Mediator Behaviors Affecting Short-Term Success in Mediation

Abstract

This research examined antecedents of short-term success in mediation. Seventy-three hearings were observed at two community dispute resolution centers in New York State. Measures of short-term success were: reaching agreement, goal achievement, and immediate satisfaction with the agreement and with the conduct of the hearing. Results indicated that the likelihood of short-term success increased with disputant joint problem solving and decreased with disputant hostile and contending behavior and the prominence of intangible issues in the case. Satisfaction with the hearing increased with disputants' involvement in a continuing relationship; and goal achievement and both types of satisfaction decreased with escalation of the conflict prior to hearing. As predicted, joint problem solving increased with involvement in a continuing relationship and decreased with disputants' hostile and contentious behavior, the prominence of intangible issues, and escalation of the conflict prior to the hearing. Five mediator behaviors were either unrelated or negatively related to short-term success: providing reassurance, displaying expertise, keeping order, criticizing, and asking embarrassing questions. Mediator behaviors that were positively related to short-term success were those that demonstrated empathy, structured the discussion, and stimulated thinking. Multiple regression analyses revealed several interactions of mediator behaviors with disputant behaviors and prior conditions in predicting agreement and goal achievement.