Creating Agreement in Mediation Hearings

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9411224 GARCIA The purpose of this project is to discover how the interactional process of mediation contributes to agreement between disputing parties. Specifically, how does mediation provide for negotiation about proposed solutions in a way that facilitates dispute resolution rather than continued disagreement? Previous research has shown that agreement in mediation is more likely if participants engage in the creative generation of ideas for potential solutions. Negotiation procedures which include such activities are more likely to result in "win-win" solutions-- those that benefit both disputants. However, previous research also suggests that these benefits result only if the participants are not committed to particular solutions. Additional data are needed to determine if there is a critical difference between how mediators and disputants propose and/or interpret proposed solutions: as possibilities or as requirements for resolution. Approximately 30 mediation hearings at a community mediation program will be observed and video-taped. Transcripts of each hearing and detailed observation records will be produced by graduate student research assistants. These data will be coded for analysis by the principal investigator, using theoretically defined categories of disputing behavior. On the basis of the coded data, the principal investigator will compare the interactional interpretations of mediators and disputants as they propose and work toward resolutions. ***