Overcoming Barriers to Mediation in Intake Calls to Services: Research‐Based Strategies for Mediators

In this article, I investigate intake calls to community mediation services in which disputing neighbors ask mediators to help them resolve their conflicts. These calls are the first point of contact between potential clients and mediators. To maintain their organization's funding, mediators must convert a sufficient number of these callers into clients of the service. Intake calls, however, are not treated as part of the mediation process proper, and mediators are not trained to handle them. I audio‐recorded and transcribed approximately two hundred calls to mediation services based in the United Kingdom and then analyzed them using conversation analysis. I identified several factors routinely present in these intake calls that seemed to prevent disputants from ultimately engaging in the mediation process; I characterize these factors as “barriers to mediation.” These barriers include callers' lack of knowledge about mediation as a service and mediators' often ineffective methods of explaining the process. In particular, callers rejected mediation services when the mediators explained that mediation is an impartial service. Some of the mediators, however, managed intake calls differently, describing it more effectively, expressing empathy or affiliation with callers, and thus were able to overcome many of the callers' most common concerns about the process. In this article, I also discuss this study's implications for understanding the institution of mediation and for training mediators.     

The Past,Present, and Future of Mediation as Seen through the Eyes of Some of Its Founders

This article is drawn from interviews with thirty‐one of mediation's “founders,” those pioneers who began mediating in the 1970s and 1980s, when the field was young. They describe what first attracted them to mediation and why they have remained active in the field. Some told us that they have found it to be both intellectually challenging and interpersonally satisfying to assist disputing parties in their search for a mutually acceptable resolution they could not find on their own. Others see mediation's collaborative approach to decision making as a means of bringing about social and political change that might be otherwise unattainable. The mediators also described the changes they have observed since they entered the field: mediation's dramatic growth, institutionalization in the judicial system, and market domination by lawyers and retired judges. Among the concerns they expressed were the prevalence of a mediation model that focuses primarily on the legal strengths and weaknesses of each party's position, and the dollar amount that should resolve the dispute, with little interest in creative outcomes. Other concerns are a lack of quality control of mediators and trainers, and unproductive debate about whether the “correct” approach to mediation is evaluative, facilitative, or transformative. The mediators who work on public policy matters, including environmental disputes, were the most positive about the opportunity for creativity in their work, considerably more so than those mediators whose practice is primarily business/commercial. The mediators' views of the future of mediation are remarkably similar — their general sense is that the type of mediation that takes place in the shadow of the courts is likely to increase and to become even more routinized than it is at present. Several respondents told us that they also expect to see substantial growth in the use of mediation to resolve public policy issues. Many of these mediators predicted that this type of mediation is likely to be carried out by organizational insiders, rather than outside interveners. As one mediator said, “Maybe there's a new set of mediation roles for people within traditional institutions, not just for free‐standing neutrals.”     

Are Your Disputants Insecure and Does It Matter? Attachment and Disputants' Speech during Mediation

An exploratory qualitative study explored the effect of attachment styles on disputants' speech during real‐life mediations. Drawing on attachment theory, we classified disputants as secure or insecure individuals using a self‐report attachment‐style questionnaire. Subsequently, they entered their mediation sessions, where their entire speech was recorded. Qualitative analysis of their speech yielded consistent and sometimes striking differences that portrayed secure speech as remarkably more useful and enhancing toward resolution compared with insecure speech. The findings, presented with many examples, strongly indicate the relevance of attachment to the research of communication during mediation sessions. In this report, we also consider the practical implications of the association between attachment and disputants' behavior, emphasizing the role of mediators.     

Neutral,Biased, or Both? Discursive Construction of a Mediator's Dual Role

Within a theoretical and methodological framework based on critical discourse analysis and the principle of the objective, and using recordings from a civil case concerning an inheritance dispute, this article explores how a mediator in China employed various discursive strategies to foster conflict resolution and construct a dual role. On the one hand, he tried to maintain an impartial stance, but on the other he violated neutrality by acting selectively against one party. I suggest that the mediator, influenced by social ideology and/or his own interests, appears to be “neutral” but is sometimes “biased,” resulting in the performance of dual roles that combine the functions of problem solver, judge, and mediator. This finding facilitates greater understanding of what Chinese mediation is and how it operates.     

The Effects of Political Talk Radio On Political Attitude Formation: Exposure Versus Knowledge

The effects of political news on the mass audience are usually difficult to establish empirically. Recent models of mass communication effects have held that political knowledge is a better indicator of media reception than traditional measures of exposure. This claim is tested in two studies of attitudes toward Democratic and Republican leaders during the 1996 U.S. presidential primary campaigns. The impact of messages from three types of political talk radio (PTR) is examined: Rush Limbaugh, other conservative hosts, and liberal/moderate hosts. Political knowledge and exposure to talk radio are found to be equally good predictors of attitudes toward political leaders when studied separately. However, when tested against one another, exposure is the more effective measure. Agreement between Rush Limbaugh's messages and his audience's attitudes toward political figures is consistent and strong. Biased processing of PTR content by audience members with partisan predispositions contrary to those of the host is also examined.     

The motivation of European Union mediation in civil conflicts

ABSTRACT

Since the EU has expanded its common security focus in the 1990s, this important regional organisation has become the most frequent mediator in low-level civil conflicts worldwide. Under what conditions is the European Union (EU) likely to become involved in mediation in civil conflicts? Is the participation in mediation only explained by the EU's bias toward its near abroad, or is the EU more strategic? Some scholars have suggested that the EU's regional bias for its near abroad is the key explanation for the onset of EU mediation, but we propose that the reality of EU mediation presents a more nuanced story. We posit three explanations based on mediator bias: regional bias, economic bias, and normative bias. Overall, we argue that the EU will mediate in civil conflicts that are in its near abroad, but also where the EU has economic bias and where the EU can exercise its normative power in highly intractable conflicts. We test our hypotheses using statistical analysis of the UCDP low-level civil conflicts data from 1993 to 2004 and Civil War Mediation data from 1974 to 2005. We find strong support for our hypotheses, determining key factors that reveal the EU's strategic onset of mediation.     

Transformative Women,Problem‐Solving Men? Not Quite: Gender and Mediators' Perceptions of Mediation

A large field study examined female and male mediators' perceptions of their jobs, looking in particular at their attitudes toward mediation styles lying on the continuum between instrumental and transformative. Based on scholarship on gender and negotiation literature that has portrayed women as more interpersonal and somewhat less task oriented than men, we expected female mediators to be more transformative and less instrumental in their practice than their male peers. Our study was both qualitative and quantitative: we formulated the content of twenty in‐depth interviews into an extensive questionnaire, answered by a representative sample of 189 Israeli mediators. Compared with their male counterparts, we found female mediators to be more transformative, but no less instrumental, in their view of mediation's goals and orientation. They were also somewhat more facilitative in preferred style, while male mediators were somewhat more directive. We also found additional intriguing gender differences, including that women mediators reported higher job satisfaction than did male mediators, but they also displayed a greater readiness to perceive failure in mediation.     

Dimensions of Chinese foreign conflict and cooperation: A research note

Key mediation attributes, such as mediating actors, the strategy they choose, and previous mediation experiences, are widely thought to influence the nature of a conflict management outcome. But how and when these features shape outcomes is not a straightforward matter, and a standard analysis of these factors does not lead to their widely anticipated results. Why? We develop a new analytical framework that argues that a dispute's intensity alters the conflict management processes. Furthermore, in order to observe this variation, we also need to expand the traditional, dichotomous notion of conflict management outcomes (success or failure) to include a fuller range of observed results. Using the most recent International Conflict Management data set and our new analytical framework, we analyze the effect on conflict management outcome of mediator (a) identity, (b) strategy and (c) history. We find that directive strategies and international mediators are effective in resolving high intensity conflicts, procedural strategies and regional mediators are effective in resolving low intensity conflicts, and that mediation history always affects resolution. Our results have implications for both the study and practice of international dispute mediation.     

Mediation and the Art of Shuttle Diplomacy

Mediation caucusing — that is, separate meetings conducted by the mediator with some, but not all, of the parties — is widely used, but it has become increasingly controversial, as some mediators advocate for a no‐caucus form of mediation using only joint sessions with all parties present. The rationale for the no‐caucus model is that caucuses give the mediator too much power at the expense of the parties, and joint sessions improve the parties' understanding of each other's views. But caucusing adds value to mediation in several ways. First, from the standpoint of economic theory, caucusing provides mediators with an important tool for overcoming two impediments to settlement — the “prisoner's dilemma” (caused by the parties' fear of mutual exploitation) and “adverse selection” (caused by the failure to disclose information). Second, caucusing can help the mediator overcome a variety of negotiation problems, such as communication barriers, unrealistic expectations, emotional barriers, intraparty conflict, and fear of losing face. Third, caucusing provides a more private setting in which the mediator can develop a deeper and more personal understanding of the parties' needs and interests. Although the no‐caucus model may be appropriate for certain types of mediation (particularly those cases in which the parties will have an ongoing relationship), some parties may prefer the efficiency that can be achieved with caucusing, even if that means sacrificing certain other values — such as greater understanding — or giving the mediator more information than the parties have, thus creating the risk of manipulation by the mediator. Moreover, the choice is not binary — numerous variations and hybrid formats can be useful, such as sessions in which the mediator meets with only the parties' lawyers or with only the parties. Choosing the best format for a mediation is more of an art than a science, and mediators should consider, with the parties, whether the parties' objectives would be best served using only joint sessions, extensive caucusing, or a combination of these approaches.     

Credibility and Strategy in International Mediation

We study mediation in international conflict as a process of strategic interaction among the two disputants and the (would-be) mediator. We develop a rational model that examines the choice, process, and outcome of mediation. We start with a conflict game of incomplete information played by rational players that examines the conditions under which disputants and would-be mediators would consider mediation a preferred strategy. The mediation game that follows models the mediator's choice of mediation strategy and the possible responses of the disputants offers. Finally, we explore the conditions under which a mediated solution emerges and the conditions under which mediation fails.

The credibility of the mediator—defined as the extent to which disputants believe the mediator's statements, threats, or promises and her ability to deliver the promised agreement—emerges as a key factor that drives the model. Each disputant has an assessment of the mediator's credibility. Broadly speaking, the more credible the mediator is perceived by the disputant, the more accepting the disputant will be of her offers. Yet, the mediator does not know how credible she is in the view of the disputants. This uncertainty affects the mediator's decision to intervene and her choice of strategies. We derive testable propositions from this model and test them on a dataset consisting of mediation efforts in international conflicts over the years 1945–1995. The findings generally support the propositions derived from the model, and we explore the theoretical and empirical implications of these findings.     

Mediation and Psychotherapy: Two Sides of the Same Coin?

Some mediators believe that mediation and psychotherapy are quite similar, and that when doing mediation, the mediator also is practicing an art form similar to psychotherapy. On face value, some forms of mediation (e.g., evaluative) and some forms of psychotherapy (e.g., psychoanalysis) are so far apart in theoretical conception and in actual practice that they cannot be compared meaningfully. However, the forms of mediation known as facilitative and transformative and the forms of brief or focused psychotherapy that often involve families or couples do have considerable similarity. Overall, numerous resonances exist between these two approaches to mediation and to couples or family-oriented psychotherapies, especially when differences in terminology, licensure, and training requirements are not allowed to obscure commonalities.     

Collaborative Role‐Play Design: Teaching Negotiation through a Novel Student–Business Partnership

Simulations are a valuable tool for teaching negotiation, and the different ways in which they are used have been extensively discussed in the pedagogy literature. Scholars have critically reflected on the role of simulations and the conditions under which they are used, and some have stressed their drawbacks. These include their often artificial context, which can, some argue, limit the participants' real commitment. We have undertaken an innovative pedagogical experiment in an effort to address these concerns. As a part of this experiment, the students designed the simulations themselves, deriving inspiration from real situations they had experienced at companies in which they had completed internships. Our students' experiences suggest ways in which this novel pedagogical approach can ameliorate some of the usual pitfalls that instructors encounter when they use role plays. Further, we believe this process allows the students to understand the importance of achieving the right balance between the distributive and integrative dimensions of the negotiation.     

Sport Mediation: Mediating High‐Performance Sports Disputes

Conflicts in high‐performance sports (HPS) are typically tense and emotionally charged experiences for the athletes, coaches, and sports organizations involved. Such disputes raise intriguing challenges for the mediators handling them. These disputes typically involve multiple parties who often have intensely competitive personalities negotiating a volatile mix of high‐stakes win/lose issues. Mediators typically confront numerous process challenges and must operate within the rigid policy parameters of the various governing organizations involved. Mediation can successfully manage and resolve these challenging disputes, often in creative ways that repair and preserve the parties’ relationships. To be successful in this environment, however, mediators must adapt to and confront the unique dynamics of sports disputes described here. In this article, I examine multiple case studies of mediations conducted through the Sport Dispute Resolution Centre of Canada (SDRCC) with the goal of identifying successful mediation strategies for HPS disputes. The centre, which has made mediation mandatory for almost all cases, had an overall settlement rate over a twelve‐year period of 46 percent, with rates as high as 94 percent for mediations voluntarily requested by the parties. Mediation has been used only sparingly elsewhere in the world for resolving HPS disputes to date, although, I argue, it is a successful tool that should be increasingly used both nationally and internationally. In recognition of mediation's potential role, the Court of Arbitration for Sport introduced updated mediation rules in 2016 and is moving to increase the use of mediation in international sports disputes.     

Guiding Public Opinion on the Far Eastern Crisis, 1931–1941: The American State Department and Propaganda on the Sino–Japanese Conflict

From 1931 to 1941, when China and Japan were at undeclared war, China's propaganda was fairly well-circulated in America through her American friends who played a leading role in shaping American opinions on the Far Eastern crisis. But the United States State Department maintained a neutral stance toward the Sino–Japanese conflict until after 1939 and considered the pro-Chinese opinion not so much a national consensus for policy consideration as a partisan view propped up by propaganda groups. Thus, the State Department guarded its Asian policy from the pressure of propaganda activities and partisan opinions on the Asian conflict, whilst utilising them occasionally as tools of diplomacy toward China and Japan. This article examines the State Department's attitude toward public opinion and propaganda on the Far Eastern conflict from 1931 to 1941 to illustrate how American officials handled partisan opinions on a foreign crisis when most of the information on foreign policy was privately initiated and circulated.     

Finding a curriculum that works under trees: Literacy and health education for adolescent girls in rural Malawi

Non-formal education often represents a last chance for adolescent girls who do not attend school to receive some education to improve their health before they become mothers. This paper describes the development of a literacy and health education curriculum for adolescent girls in southern Malawi who will never enter formal schooling. The curriculum was redefined in the light of participants' feedback and providers' observations. The health messages could effect change but would have had limited impact on girls' health practices without the participation of the wider community. The curriculum's innate visibility ‘under the trees’ was a key factor in facilitating villagers' involvement and exponential learning.     

Urban Irregular Warfare and Violence Against Civilians: Evidence From a Colombian City

Defining terrorism and explaining how it occurs remains a contentious issue. This article attempts to generate new understandings on these topics by applying the work of Ehud Sprinzak's delegitimatization model to the Sea Shepherds. Evidence presented in the article suggests that the Sea Shepherd's present level of political violence passed through gradual phases. In this respect, it is possible to suggest that Sprinzak's model has applicability for maritime organizations, as well as terrestrial based groups. However, we also note that on the one hand, it may be possible to argue that in some respects the Sea Shepherds may constitute either a “blind spot” in the literature on terrorism and political violence, because its actions could in some circumstances be considered activism, militant direct action, piracy, vigilantism, terrorism, or eco-defense, which makes it very difficult to classify. On the other hand, that both the Sea Shepherds and the whalers may both engage in illegal activities, but are not prosecuted, may indicate that states and the international community may have neither the will nor the means to enforce laws against them. Therefore, they may be turning a blind eye to their actions. Throughout the article we maintain that the Sea Shepherds constitute an example of a gray area phenomenon. Despite the ambiguity surrounding their legal status and academic interpretations of their actions, the results of nearly three decades of the organization's activities, including its 2007 campaign to disrupt Japanese Antarctic Whaling, suggest that the Sea Shepherds may be best categorized as a vigilante group, because they claim they are seeking to enforce a legal status quo because of states' and the international community's inabilities or unwillingness to do so.     

The Nefarious Helping Hand: Anti-Corruption Campaigns,Social Service Provision,and Terrorism1

This article offers a novel contribution to the terrorism literature by using mathematical modeling and case studies to demonstrate how terrorist and extremist groups can utilize social service provision activities and anti-corruption campaigns instead of violent activities to gain support.The basic argument of the model is that terrorist groups will try to gain support by promising that they will be better distributors of resources than the current regime once they gain power and by promising that they will be less corrupt. However, because all organizations can freely make these promises, their words are cheap talk, and the general population should ignore them. To overcome this problem, organizations must offer a costly signal. Provision of social goods and implementation of explicit anti-corruption campaigns before taking power serves as such a signal. As the United States government and its allies widen their “war on terrorism,” they must consider the ramifications of social service provision and anti-corruption activities, which are common, effective, and potentially useful for increasing the probability of group success.     

A ‘Week that Changed the World’: Britain and Nixon's China Visit of 21–28 February 1972

British diplomats considered President Nixon's China visit of February 1972 a major political success. But while they admired the Realpolitik of Henry Kissinger, the President's National Security Adviser, they were irritated by his reticence regarding the initiative, and by the way in which this impeded their own efforts to raise the status of Britain's diplomatic mission in Peking. Initial American objections to any change in Britain's stance on the admission of the People's Republic to the UN weakened their negotiating position, and led to a protracted tussle with Peking over the status of Taiwan. Marginalized by Kissinger's conduct, the British drew some satisfaction from the fact that the State Department seemed equally by-passed     

Turkish civil society divided by the headscarf ban

The headscarf ban at universities and public offices in Turkey caused many debates over women's rights and freedoms. Civil society organizations, which are known as agents of democratization, have been an important part of these debates. Drawing on the literature on the relationship between civil society, democracy, and Islam, this article investigates how Islamic, Kemalist secular, and non-Kemalist secular organizations support their stance towards the headscarf ban and react to critical developments regarding the ban. The discourse of the organizations is analysed using their press releases and in-depth interviews with the presidents of the organizations. By declaring the headscarf as anti-secular, anti-modern, and oppressive, Kemalist secular organizations reproduce official state ideology. The various ways in which Islamic organizations frame their stance on the headscarf issue on the other hand suggest that Islamic organizations could be just as democratic as many other secular movements. Furthermore, the fact that non-Kemalist secular organizations are critical of the headscarf ban makes them much closer to Islamic organizations than Kemalist secular organizations.     

Mediation mythology

Conclusion TheInterim Guidelines for Selecting Mediators promote a mythology that is broader and already more effective than the specific screening device created by the guidelines is likely to be. That mythology has been quite successful in generating support for the institutionalization of mediation and the establishment of both a market and an occupation in the practice of mediation.The guidelines may prove successful, however, in furthering that mythology — and thus the professionalization of mediation — by appearing to create techniques to insure that mediators fulfill the mythological requirements of the role: passivity, informality, neutrality, and efficiency. If the guidelines become widely adopted, they will also restrict access to the occupation by defining occupational prerogatives that will debar some persons from sharing in them. Furthermore, if licensing does eventually follow, the guidelines will have gone a long way toward providing authoritative, legal consequences to private, and I would suggest, mistaken determinations of what constitutes good and ethical mediation practice. Susan S. Silbey is Professor of Sociology at Wellesley College, Wellesley, Massachusetts 02181.