Comments on: Grain of salt: how much does mediator behavior influence the outcome of mediation?

By: Diane Levin

Diane Levin — Sun, 04 Oct 2009 18:39:20 +0000

Vickie, I couldn’t agree more with your criticism. This study reminds me of an old saying from the early days of computing: garbage in, garbage out.

By: Vickie Pynchon

Vickie Pynchon — Fri, 02 Oct 2009 15:36:43 +0000

Thanks for this Diane. I left a lengthy comment at the article itself. In short, the mediations described are poorly managed distributive bargaining sessions where the mediators are engaged in the facilitation of a position-based zero-sum negotiation using contentious tactics by the mediator. This does not call – as the authors suggest – for LESS mediation education, training and mentoring, but more.

By: Michael P. Carbone

Michael P. Carbone — Sun, 27 Sep 2009 17:50:26 +0000

“The primary implication – for mediators – is that they should acknowledge that the outcome of the mediation (e.g., agreement or nonagreement) is to some extent independent of the mediator’s behavior. ” I would agree with this conclusion but I don’t think that it would change my approach to mediating. Other factors besides the mediator’s behavior will affect the outcome “to some extent.” Yes, of course they do. I have found over 15 years that parties will settle –or not settle– cases for all sorts of reasons. They are the decision-makers, not me, but that is fine. I can live with that.

By: Diane Levin

Diane Levin — Sun, 27 Sep 2009 15:24:18 +0000

Rick, thanks so much for your comment.

It would be interesting to know what model of mediation you practice, but I would point out that even electing not to act can be a conscious choice that can affect the process.

I see the role of the mediator differently from you. I don’t evaluate, but I’m of the mind that mediators are not passive, and evaluation is not our only choice when it comes to assisting the parties. Mediators can be actively participating as facilitators, whether creating order from the chaos that conflict and unfocused debate otherwise produces, using the technique of reframing that invites disputants to see their dispute in more constructive ways or asking questions to test reality or spur reflection, perspective-taking, or problem solving. They can do all of that, yet still leave issue identification and the ultimate resolution in the parties’ full control.

However, the question that remains unanswered from that study is, whether and how do these or other purposeful acts by mediators affect the outcome? I believe based on my own experience as a practitioner that mediators’ behavior does affect the outcome somehow, but where’s the proof? We need evidence, not anecdote or speculation, to know for certain. It’s why I’ve argued here that studies of mediator behavior must also take into account mediator philosophy – facilitative, evaluative, transformative, narrative, understanding-based, or some mix of some or all or none of the above. Action and inaction impact the outcome, but how and to what extent, none of us knows. I say let’s find out.

Thanks again for contributing your views, and also for visiting this site!

By: Rick

Rick — Sat, 26 Sep 2009 13:52:36 +0000

Great topic! Yes, there are so many factors to consider and it’s impossible to take one conflict, with the same participants, and test it under different circumstances. I believe that the mediators can and sometimes do affect the outcome (and not just whether or not an agreement is reached), whether intentionally or unintentionally. I also think that the participants have the most control over the process, even in cases where mediation is court-mandated, whether they realize it or not.

My own opinion is that mediators should strive to remove themselves from the process as much as possible. Of course I have the luxury of mediating in a model that allows for the process to take as many sessions as possible so it’s easy to step back and let the participants communicate without too much intervention.

When mediators make suggestions or proffer their own opinions, it takes away from the empowerment that can happen when participants come up with their own solutions.