Abstract

http://ssrn.com/abstract=1723293
 
 

Citations (1)



 


 



Finding Out If it is True: Comparing Mediation and Negotiation Through Research


Roselle Wissler


Arizona State University (ASU) - Sandra Day O'Connor College of Law

Craig McEwen


Bowdoin College

2002

Journal of Dispute Resolution, No. 1, p. 131, 2002

Abstract:     
In this article, the authors first use existing research evidence to contextualize more clearly the place of civil case mediation in the litigation process. When we understand civil mediation as part of adversarial litigation – rather than as distinct from it – we see the importance of comparing mediation and unassisted negotiation. Next, we discuss research and commentary on the barriers to negotiation and on the ways in which mediation might help overcome them. Finally, we reexamine briefly the research about preferences for mediation and the modest body of existing studies that do contrast litigant experiences with mediation and unaided negotiation in the context of litigation. This reexamination hints that “it may in fact be true” – that is, participation in mediation may enhance parties' perception of procedural justice. Before we can be confident in the answer to this question, however, research is needed that carefully compares the experiences of parties in mediation with those in unassisted negotiation.

Number of Pages in PDF File: 12

Keywords: mediation, negotiation, empirical research

Accepted Paper Series


Download This Paper

Date posted: December 11, 2010  

Suggested Citation

Wissler, Roselle and McEwen, Craig, Finding Out If it is True: Comparing Mediation and Negotiation Through Research (2002). Journal of Dispute Resolution, No. 1, p. 131, 2002. Available at SSRN: http://ssrn.com/abstract=1723293

Contact Information

Roselle Wissler (Contact Author)
Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
Craig McEwen
Bowdoin College ( email )
Brunswick, ME 04011
United States
Feedback to SSRN


Paper statistics
Abstract Views: 284
Downloads: 58
Download Rank: 216,137
Citations:  1

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.547 seconds