Friendly Persuasion in Civil Case Mediations

Wall, J. A. and Chan-Serafin, S. (2014), Friendly Persuasion in Civil Case Mediations. Conflict Resolution Quarterly, 31: 285–303. doi: 10.1002/crq.21092

Posted: 24 Oct 2014

See all articles by James A. Wall

James A. Wall

University of Missouri at Columbia

Suzanne Chan-Serafin

University of New South Wales (UNSW)

Date Written: April 10, 2014

Abstract

This study investigates why mediators' assertive strategies — evaluative and directive — did not generate high disputant dissatisfaction when they produced agreements. We thoroughly investigated the transcripts from fifty cases in which the mediators had used assertive strategies and attained agreement. We found that mediators did not irk disputants because the mediators complemented their strategies with four tactical approaches. First, they established their legitimacy, and when mediating they shifted their strategies (from assertive to neutral or vice versa) round by round. They also used a ratchet approach to nudge disputants toward agreement, and they took steps to reduce the disputants' aspirations.

Keywords: Civil Mediation, mediation, conflict

Suggested Citation

Wall, James A. and Chan-Serafin, Suzanne, Friendly Persuasion in Civil Case Mediations (April 10, 2014). Wall, J. A. and Chan-Serafin, S. (2014), Friendly Persuasion in Civil Case Mediations. Conflict Resolution Quarterly, 31: 285–303. doi: 10.1002/crq.21092, Available at SSRN: https://ssrn.com/abstract=2514419

James A. Wall (Contact Author)

University of Missouri at Columbia ( email )

Middlebush B UMC
Columbia, MO 65211
United States
573-882-4561 (Phone)

Suzanne Chan-Serafin

University of New South Wales (UNSW) ( email )

Kensington
High St
Sydney, NSW 2052
Australia

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