Processes in civil case mediations



In a quantitative and qualitative study, we investigated mediators' behaviors, disputants' behaviors (i.e., plaintiffs' and defendants'), and the concessions and agreements in sixty-two authentic civil court mediations. We predicted mediators would apply more assertive techniques whenever these disputants indicated their goals were high. We also predicted that plaintiffs would make larger concessions than defendants, that mediators would perceive they have more leverage on plaintiffs, and that mediators would apply more of the assertive techniques to them. All of these predictions were supported. In closing, we delineated the implications of our results for scholars and practitioners.