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Process Matters: Disputant Satisfaction in Mediated Civil Cases

Howe, Mary Beth; Fiala, Robert. Justice System Journal, Jan. 1, 2008

In research based upon a survey of parties in small claims mediations in New Mexico, satisfaction was found to be related to process factors that are tied to mediator behaviors and skills. Structural factors, such as gender, ethnicity, or attorney presence did not affect party satisfaction. The conclusion the researchers drew from this is that party satisfaction with mediation is in the hands of the mediators.

For the study, the researchers examined the responses to a survey of parties in 281 cases randomly assigned to mediation in 1990 and 1991. The study found a significant association between party satisfaction with mediation and their sense that the mediator appeared neutral, was in control of the mediation, and allowed them to tell their views. Parties also indicated higher satisfaction when they were more integrated into the process, when they felt they had power in mediation, and there was less anger and hostility in the discussion.

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