The Long‐Term Effectiveness of Mediating Workplace Conflicts

In this study, we explore the long‐term effectiveness of the mediation of hierarchical workplace conflicts by comparing and analyzing participants’ perceptions of short‐term and long‐term mediation effectiveness. Specifically, we surveyed supervisors and subordinates to determine the extent to which they perceive mediation to be effective one year after the conclusion of the process. In this study, we distinguish between mediations that result in a continuing employment relationship versus exit mediations, which occur when employees end their employment. We collected data from real workplace mediation cases in the Netherlands. Our results show a general positive relationship between short‐term and long‐term mediation outcomes. Supervisors and subordinates, however, perceive the long‐term outcomes somewhat differently, with supervisors perceiving greater compliance with the agreement than did subordinates after one year. We found no significant difference in perceptions of long‐term effectiveness between exit and nonexit mediations. In the article, we discuss the implications of our findings for mediation theory and practice.     

Mediation Research: A Current Review

In this article, we review the mediation literature from the past decade, utilizing a cybernetic mediation paradigm to organize the material. In this paradigm, we note that the type of conflict, country, culture, and mediation institutions affect the mediation process. Within this process, the mediator and disputants interact with each other, attempting to reach their own goals. This interaction produces outcomes for the disputants, the mediators, and other parties. The literature — organized using this paradigm — indicates that mediation is frequently practiced in many venues; the literature also provides an exhaustive list of mediation goals, describes many mediation strategies, and reports manifold mediation outcomes. Unfortunately, the number of studies examining the relative effectiveness of specific strategies (e.g., pressing, relational, and analytic) seems insufficient. Few studies have used control groups or reported observations of mediator and disputants' behavior in actual mediations.     

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.     

Departures in Negotiation: Extensions and New Directions

The conception of turning points advanced in this essay emphasizes events that occur in a chronological sequence which the author, in his previous work, has incorporated into a framework for case analysis. The framework covers three stages: precipitants that trigger change; departures which are the reaction to the precipitant; and consequences, which refer to the direction the negotiation takes as a result of the departure. Building on his earlier work, the author uses examples of a less-bounded international negotiation and cases culled from the headlines to demonstrate the framework's generality. He then considers the concept at the individual, relational, and collective levels in an attempt to probe the psychological and social processes that occur before, during, and after departures (turning points); and may be in fact, the underlying impetus for departures.     

Managerial Mediation Competency: A Mixed‐Method Study

Managerial conflict resolution skills such as mediation have often been poorly defined and measured. We used a mixed‐method design to develop a managerial mediation competency scale. In our first study, we used semistructured interviews to identify managerial mediation skills and attitudes, from which we derived a framework for measuring managerial mediation competency. In our second study, we developed scale items and used a quantitative survey to test the scale's psychometric qualities and to gain insight into the theoretical structure of managerial mediation competency. Our managerial mediation competency scale can be used in research questionnaires or organizational surveys as a training, research, and theory development tool.     

Creativity in Court‐Connected Mediation: Myth or Reality?

In this study, we examined creativity in court‐connected mediation. We analyzed 129 mediated agreements from civil cases in Norway and Denmark and compared the outcomes with the parties' original claims to determine whether the agreement addressed only the disputants' demands or contained other elements. If the mediated agreements contained elements in addition to the original claims, we considered them to be “creative.” We devised a creativity scale and found that approximately two thirds of the cases contained creative elements and one quarter of them contained more than five creative elements. We then sought to determine which aspects of the mediation promoted creativity by looking at a variety of mediation characteristics (length of mediation, characteristics of the parties, etc.). We found that lengthier mediations tended to feature more creativity as did cases that involved two private individuals rather than businesses. Cases whose issues involved inheritance as well as the division of property following divorce seemed to foster the highest levels of creativity. Finally, we found that the amount of money at issue also seemed to be relevant: the highest levels of creativity were found in cases in which more money was at stake. In this article, we also discuss the implications of our findings for future research, practice, and training.     

Secrecy and Self-Interest: When Mediators Act Deceitfully

3rd party intervention in interstate conflict is a common strategy for mitigating conflict and obtaining a final agreement. However, not all mediations are successful, leading to the development of a rich literature on the mechanisms which decrease the probability of failure in a 3rd-party intervention. Within this literature, some studies examine how a mediator’ behavior and incentives affect the result of the mediation. Virtually all these studies assume that the mediator is virtuous such that peace is the most desired outcome of a conflict for her. However, this study challenges this assumption and contends that a mediator can gain benefit from the conflict between disputants. If this benefit is adequately large to overcome the benefits of peace, then the mediator has enough incentive not to conduct the mediation toward a peaceful outcome. We develop a signaling game model to study this issue formally and test the proposed hypothesis empirically.     

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.     

Context and Content toward Consensus in Public Mediation

The mediation of public conflicts is a complex interactive, social‐psychological, and often politicized process. Because of their complexity, the literature on how to effectively mediate these conflicts remains imprecise. In this study, I have focused on the sequencing of the overall mediation process and the interplay between initial conditions, mediation styles, and process dynamics to explore predictable patterns from early stage to deadline negotiations. By undertaking a two‐step qualitative comparison of twenty‐three public mediation cases, I have attempted to identify “equifinal” pathways — that is, a variety of different ways in which the same outcome can be achieved — that can lead to mediation success (or failure). My analysis reveals that both inclusivity (i.e., including all relevant participants in the process) and mediation institutionalization (i.e., the mediation process is sufficiently embedded in the political and administrative system) correlate to greater mediation effectiveness. Furthermore, this study also suggests that such key elements of deliberative negotiations as recognition and argumentation are essential for reaching a consensual agreement.     

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.     

The Paradox of Accepting One's Share of Responsibility in Mediation

Mediators generally avoid the issue of whether parties accept their individual share of responsibility for a conflict. But the results of this study demonstrate the important role that taking responsibility for the conflict can play to encourage the emergence of cooperation within the mediation process. In this article, the author first explores the role of responsibility within the context of various mediation approaches and styles. Next, he reports the results of a quantitative study that examined the attitudes of disputants involved in workplace conflict mediations. His results indicate that acceptance of responsibility can play a parodixical role in the mediation process: it seems to be effective only when both parties jointly acknowledge responsibility. When responsibility is acknowledged unilaterally, it seems to have a negative effect on the emergence of cooperation. Finally, the author proposes an intervention strategy for mediators that is designed to encourage the joint acceptance of responsibility and thus facilitate the emergence of cooperation in mediation.     

Mediation and Culture: The Example of the ICC International Commercial Mediation Competition

The International Commercial Mediation Competition is organized by the International Chamber of Commerce (ICC) in Paris, which held the event for the eighth time in February 2013. As the competition has grown, participation has become more and more diverse and thus mediation and negotiation have become more and more cross‐cultural. This led the ICC to invite external research on culture at the competition in February 2011. In this article, I discuss this student competition, the external research project question, and the culture of the competition. I also identify some of the further cultural issues raised by referring to relevant research on conflict and mediation across cultures, and conclude with some thoughts on how better to conceptualize the field of cross‐cultural mediation in terms of a systems approach.     

Toward High‐Quality Divorce Agreements: The Influence of Facilitative Professionals

Studies have reported that mediation has higher settlement rates than litigation. The quality of these agreements as experienced by the parties as well as the processes that contribute to this subjective experience remains underexamined, however. In a large, representative, and multidisciplinary study of divorcing couples, we studied the relationship between the practices of lawyers and mediators and the quality of agreements experienced by their clients. We used multiple regression analysis to reveal that divorce mediation is significantly more likely than litigation to produce high‐quality divorce settlements. Furthermore, we found that high‐quality divorce agreements were more likely to occur when mediators and lawyers were perceived to have worked facilitatively. In addition, we found that pre‐divorce conflict levels were inversely correlated with the quality of agreements. Which party initiated the divorce, the parties' gender, and the type of legal divorce did not explain variances in the quality of the agreements. In this article, we also discuss the training and practice implications of our findings.     

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.     

A Conceptual Typology of Kin‐State Mediation

In this article, I argue that kin states can play major roles in international mediation processes involving their kin communities. Although kin states may be naturally biased toward their kin, kin states are sometimes actively involved in mediation processes and such involvement is even encouraged by third‐party mediators. In this study, I divide the various roles assumed by kin states in mediation into four main conceptual categories: promoter, quasi‐mediator, powerbroker, and enforcer. My analysis presumes that a kin state can use its close ties with its kin community to make third‐party mediation more successful. I support and illustrate this model using cases of kin‐state involvement in peace processes and examine both the benefits and complications that kin‐state mediation can entail. This study contributes to scholarship examining the effectiveness of biased mediators. I conclude that the role a kin state assumes in a mediation is often context‐dependent, but that third‐party mediators and the international community can use their leverage over kin states to improve the peace process.     

Confectionery and Conflict Resolution? What Chocolat Reveals about Mediation

A close analysis of the film Chocolat discloses a new metaphor for the mediator — the mediator as cook. The use of this metaphor throughout the film suggests new insights about mediator style and practice. Specifically, the mediator–protagonist in Chocolat demonstrates that: (1) mediations need not be voluntary to be sound, (2) non-neutral, directive, evaluative mediators can be effective if they individualize their approaches to each disputant and dispute, and (3) effective approaches to mediation celebrate emotion and pleasure, contrary to many conflict resolution theorists who write about the importance of emotions, but do not privilege them in practice.     

Focal Points and Turning Points in Negotiation: A Comparative Analysis

In this article, we examine the roles of focal points and turning points in negotiation. Both concern impasses in negotiation, and negotiators can exploit them to move past impasses. Each term uses the word “point” differently, however. A focal point refers to a single salient coordinating concept shared by the parties. A turning point is a departure that takes place during the course of a negotiation, when the course seems to change. Precipitants precede turning points and consequences follow them. In this article, we focus on the relationship of these two negotiation concepts. We raise the following questions: Does the development of focal points precipitate departures, and, if so, how? Do departures lead to the development of focal points, and, if so, how? Are there circumstances in which focal points do not precipitate turning points and vice versa? Do negotiations that feature focal points create more or less durable agreements? Do negotiations that include turning points create more or less durable agreements? To help answer these questions, we have analyzed four cases. In the German Foundation Agreement negotiation, the development of focal points precipitated turning points. In the South African Interim Constitution negotiations, turning point departures precipitated the development of focal points. And in the negotiations to end the Burundi civil war and to reach the Nouméa Accord between France and New Caledonia, parties shared focal points that did not precipitate turning points. These case analyses provide insights into the role of focal points in producing effective and durable agreements. They also suggest opportunities for further research on the interaction between these concepts.     

Escape from the Laboratory: Ethnographic Methods in the Study of Elder and Family Court Mediation

The randomized control trial and pre/post research designs are commonly used in applied research and provide common standards for mediation evaluation research. These approaches have many benefits, particularly for evaluating whether mediation as an experimental intervention works or not. Scholars and practitioners, however, want to know not only whether mediation can work as expected but also how it works in a range of real‐world contexts over time. In these contexts, ideal experimental conditions are less likely to occur. Challenges include such circumstances as the following: the number of cases suitable for statistical comparison is insufficient; researchers lack control over how mediation is implemented; researchers lack clear, objective variables to measure; and the variability of mediation outcomes when studied over time makes it difficult to draw conclusions about them. My research has involved each of these challenges, and I have used ethnographic research as a way to evaluate mediation in these contexts. In this article, I explain ethnographic methods and present two studies as examples of mediation evaluation research that began with a standard program evaluation design, and then incorporated ethnography to allow more complete data collection and analysis. My purpose here is not to argue that experimental methods in mediation evaluation research should be displaced but rather to demonstrate how ethnographic methods can be used when the conditions necessary for standard evaluation cannot be met. The two studies used as examples are from an elder mediation study in Ghana and a family court mediation study in the United States.     

Incentives for Talking: Accepting Mediation in International and Civil Wars

This paper examines the conditions under which warring parties will accept an outside party's offer to mediate. Specifically, we explore variation in the incentives for accepting third-party offers in interstate conflicts as compared to civil wars. We argue that since mediation in civil wars transfers legitimacy to the non-state actor and can generate a precedent of exceptions to the norm of sovereignty, the political cost associated with accepting international mediation will be substantially higher in civil wars compared to international conflicts. States should therefore only accept mediation in the most serious disputes, or when the costs of legitimizing an opponent are outweighed by the benefits of conflict resolution. Building on this theoretical reasoning, the paper analyzes the implications of differences in incentive structures between inter- and intrastate conflicts for offer and acceptance of mediation. We find an empirical discrepancy between interstate and civil wars in regard to demand-side (acceptance) of mediation, and to a somewhat lesser extent the supply-side (offer) of international mediation. In line with our argument, we find that the historical ties between the potential intermediary and at least one of the disputants play different roles in regard to acceptance of mediation in interstate compared to civil wars. This is important to take into consideration in the emerging debate on mediation bias.