Mediator Style and Mediation Effectiveness

• NCJ Number: 107533
• Journal: Negotiation Journal Volume: 2 Issue: 3 Dated: (July 1986) Pages: 277-285
• Author(s): J M Brett; R Drieghe; D L Shapiro
• Date Published: 1986
• Length: 9 pages
• Publication Format: Article
• Publication Type: Research (Applied/Empirical)
• Language: English
• Country: United States of America

Annotation

A variety of mediator techniques are equally effective in settling labor disputes, and individual mediators often vary their style to match the circumstances and their attitudes toward particular cases.

Abstract

The analysis used 3 sets of research: early case studies, Kolb's recent study of 9 mediators working on 16 cases, and the authors' own study of 5 mediators working on 327 cases. Kolb's research was published in 1983 and concluded that mediation is not an art, as traditionally believed. Instead, mediators are of two basic types: orchestrators, who manage patterns of interaction, and dealmakers, who actually propose settlements. The authors' research focused on grievance mediation in the bituminous coal industry. The five mediators studied were all experienced arbitrators. They used either the dealmaking style described by Kolb or 'shuttle diplomacy,' in which they separated the parties and developed specific settlements in the process of moving back and forth between them. Two other styles involved pushing the company to grant the grievance and pushing the union to withdraw the grievance or reach a compromise settlement. All the mediators settled between 79 and 90 percent of their grievances. However, some were more successful than others at facilitating compromises, others at getting the union to drop the grievance, and others at getting the company to grant the grievance. Four mediators varied their styles, based on their perceptions of their role, their assessment of the likely outcome of the case, and their beliefs about what techniques would be most effective in producing each type of outcome. The mediators used two sets of skills: classifying cases and linking case outcomes and mediation techniques. The data did not make clear whether formal training or learning through experience is preferable. However, assigning mediators based on some intuitive match between mediator and disputant characteristics appears unnecesssary. 1 note and 12 references.