Mediator Thinking in Civil Cases

Wall, J. A. and Kressel, K. (2017), Mediator Thinking in Civil Cases. Conflict Resolution Quarterly, 34: 331–367.

Posted: 6 Jun 2017

See all articles by James A. Wall

James A. Wall

University of Missouri at Columbia

Kenneth Kressel

Rutgers, The State University of New Jersey - Psychology

Date Written: September 23, 2016

Abstract

In this study we investigated mediators' thinking in twenty real-life civil case mediations. We found evidence that their thinking unfolds along two planes: one intuitive (system 1) and the other rational (system 2). On the former, mediators frame the mediation as a distributive process, instinctively evaluate the situation as well as the parties, and engage in habitual interventions. On the rational plane, the mediators develop goals, rationally evaluate the situation, mentally map what is going on, and choose among a variety of rational steps, such as pressing, delaying the mediation, and extracting offers, in order to accomplish their goals.

Suggested Citation

Wall, James A. and Kressel, Kenneth, Mediator Thinking in Civil Cases (September 23, 2016). Wall, J. A. and Kressel, K. (2017), Mediator Thinking in Civil Cases. Conflict Resolution Quarterly, 34: 331–367.. Available at SSRN: https://ssrn.com/abstract=2980545

James A. Wall (Contact Author)

University of Missouri at Columbia ( email )

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

Kenneth Kressel

Rutgers, The State University of New Jersey - Psychology ( email )

Newark, NJ 07102
United States
973-353-5440 Ext. 232 (Phone)
973-353-1171 (Fax)

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