Abstract
Mediation is a popular form of alternative dispute resolution for settling conflicts occurring in employment settings. Such workplace conflicts handled by mediation, for example, include discrimination, wrongful termination, as well as various labor-management issues. Defined as a structured process where a neutral third party assists the two conflicting parties in arriving at a voluntary resolution, individuals have undergone mediation training in order to become mediators. While research exists on how mediation-training programs should be structured, the purpose of this research is to determine the key attributes required to develop good mediators and whether such characteristics can be acquired through mediation-training program participation. Utilizing an autoethnographic methodology as a mediation training program participant, it was discovered that effective mediators demonstrate strong communication skills, flexibility, neutrality, composure and ethicality during the mediation process which can be attained through participation in mediation-training programs.
This is a preview of subscription content,
to check access.References
Brunson, R. (2012). Becoming a believer. In E.R. Galton & L.P. Love (Eds.), Stories Mediators Tell (pp. 193-202). Chicago: American Bar Association.
Carless, D., & Douglass, K. (2013). A history of autoethnographic inquiry. In S. H. Jones, T. E. Adams, & C. Ellis (Eds.), Handbook of autoethnography (pp. 84–106). Walnut Creek: Left Coast Press.
Dunham, K. F. (2012). Practical considerations in mediation training: Should mediators be trained to adapt to the circumstances of each case? Appalachian Journal of Law, 11, 185–208.
Ellis, C., Adams, T. E., & Bochner, A. P. (2011). Autoethnography: An overview. Forum Qualitative Sozialforschung/Forum: Qualitative Social Research, 12, 273–290.
Feasley, A. (2011). Regulating mediator qualifications in the 2008 EU mediation directive: The need for a supranational standard. Journal of Dispute Resolution, Issue, 2, 333–350.
Frenkel, D. N., & Stark, J. H. (2015). Improving lawyers’ judgment: Is mediation training de-biasing? Harvard Negotiation Law Review, 21, 1–58.
Goldberg, S. B. (2005). The secrets of successful mediators. Negotiation Journal, 21, 365–376.
Goldberg, S. B., & Shaw, M. L. (2007). The secrets of successful (and unsuccessful) mediators continued: Studies two and three. Negotiation Journal, 23, 393–418.
Hebert, L. C. (1999). Establishing and evaluating a workplace mediation pilot project: An Ohio case study. Ohio State Journal on Dispute Resolution, 14, 415–480.
Hedeen, T. (2005). Dialogue and democracy, community and capacity: Lessons for conflict resolution education from Montessori, Dewey and Freire. Conflict Resolution Quarterly, 23, 185–202.
Hedeen, T., Raines, S. S., & Barton, A. B. (2010). Foundations of mediation training: A literature review of adult education and training design. Conflict Resolution Quarterly, 28, 157–182.
Henning, S. A. (1999). A framework for developing mediator certification programs. Harvard Negotiation Law Review, 4, 189–229.
Hinshaw, A., & Wissler, R. L. (2005). How do we know that mediation training works? (pp. 21–23). Fall: Dispute Resolution Magazine.
Hoffman, D. A. (2012). The whistle-blower: Mediating an employment termination dispute. In E. R. Galton & L. P. Love (Eds.), Stories Mediators Tell (pp. 141–149). Chicago: American Bar Association.
Johnson, D. W., Johnson, R. T., & Dudley, B. (1992). Effects of peer mediation training on elementary school students. Mediation Quarterly, 10, 89–99.
Kirk, K. (1998). Mediation training: What’s the point, are the tricks new, and can an old dog learn? Washburn Law Journal, 37, 637–658.
Polson, K. K. (2004). Ensuring competent and effective mediators in Illinois: Uniform qualifications and consumer education. Southern Illinois University Law Journal, 29, 129–149.
Raines, S., Hedeen, T., & Barton, A. B. (2010). Best practices for mediation training and regulation: Preliminary findings. Family Court Review, 48, 541–554.
Rozmus, K. (1997). Peer mediation programs in schools: Resolving classroom conflict but raising ethical concerns? Journal of Law and Education, 26, 69–92.
Shaw, D. (1998). Mediator certification: An analysis of the aspects of mediator certification and an outlook on the trend of formulating qualifications for mediators. University of Toledo Law Review, 29, 327–352.
Spiegelman, P. J. (1996). Certifying mediators: Using selection criteria to include the qualified – Lessons from the San Diego experience. University of San Francisco Law Review, 30, 677–721.
Stulberg, J. B. (2000). Training mediators for the 21st century. Family and Conciliation Courts Review, 38, 77–85.
Vanisko, M. (2014). Mediator certification: Should it be required in Montana? Montana Law Review, 75, 335–355.
Weckstein, D. T. (1996). Mediator certification: Why and how. University of San Francisco Law Review, 30, 757–792.
Wessner, B. A. (2002). Uniform national system of mediation in the United States: Requiring national training standards and guidelines for mediators and state mediation programs. Cardozo Journal of Conflict Resolution, 4. http://cardozojcr.com/issues/volume-4-1/ Accessed June 10, 2017.
Author information
Authors and Affiliations
Corresponding author
Rights and permissions
About this article
Cite this article
Devinatz, V.G. What Makes a Good Mediator? Insights from a Mediation Training Program Participant. Employ Respons Rights J 30, 181–201 (2018). https://doi.org/10.1007/s10672-018-9315-y
Published:
Issue Date:
DOI: https://doi.org/10.1007/s10672-018-9315-y