Communication and Strategies in the Mediation of Disputes

Kay Payne, Peter Kohler, Joseph P. Cangemi, and Harold Fuqua, Jr.

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DOI: 10.2190/Y3N8-XMDB-VH3J-QY7U

Abstract

Traditional methods of resolving disputes have given way to a less formal method, namely mediation. Utilizing a process that takes into account the substantive, procedural, and emotional/psychological needs of the participants provides greater levels of satisfaction than more traditional means. Some states even mandate mediation before complainants go before a judge or jury. This article describes effective and ineffective strategies and tactics of professional communicators who play the role of mediator. For example, as the amount of time talking by the mediator decreases, the likelihood of a mediated and enduring settlement increases. Gender differences in mediation suggested more women than men mediated an effective settlement which worked, or had a long-lasting effect. Female mediators closed more binding settlements, though both male and female mediators reached initial settlements. This article also provides guidelines for a specific pattern to follow in the process of mediation.

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