A “Mediation Style” Inventory:             What is “Style” and Why Does It Matter?                      Claudia E. Cohen, ...
Agenda                Exploring Mediator Style:                 What is style and why is it important?                M...
Agenda                  (cont.)                MSI Style Reflection Groups:                Discussion re: how style impa...
What Does “Mediator Style” Mean to You?            Is “mediator style” a topic of discussion among you and             yo...
Mediator Style Defined        Mediator style has been defined as:      a) a set of strategies and tactics that characteri...
Why is Style Important?                Mediator style is believed to influence:                    the process and outco...
The Mediator Style Inventory (MSI)                The MSI is comprised of twenty statements describing a                 ...
The Mediator Style Inventory (MSI)            Identifying Your Mediation Style                Enter the total style scor...
Previous Research on Mediation Style   Empirical research has demonstrated that different mediation styles exist   Resea...
Previous Research on Mediation Style                Research gained insights about “bottom up” mediator                 b...
Mediators as Domain “Experts”                Experts:                     get the “big picture” (i.e., top down thinking...
Mediator Style Study                In this study 22 mediators were asked to mediate the                 “angry roommates...
Mediator Style Study                               (cont.)                The “Angry Roommate Dispute”                  ...
Mediator Style Study                                  (cont.)                                                  Analysis   ...
Mediator Style Study                                 (cont.)                                     AnalysisAFCC, 5/09       ...
Mediator Style Study                                (cont.)                                            Analysis           ...
Mediator Style Study                                (cont.)                                             Results        Us...
Mediator Style Study                                (cont.)                                              Results          ...
Mediator Style Study                  (cont.)                                            Results             Facilitators ...
Mediator Style Study                                 (cont.)                                             Results          ...
Mediator Style Study                                 (cont.)                                              Results         ...
Mediator Style Study                                 (cont.)                                             Results          ...
Mediator Style Study (cont.)                 Empirical and Practitioner Literature            Evaluative Style           ...
Mediator Style Study                                   (cont.)            Points to remember:                Styles iden...
MSI: Group Discussion                Break into groups based upon your highest                 MSI score                ...
MSI: Group Discussion                Discussion Questions:                    Were you surprised by your score on the MS...
MSI: Group Discussion             Discussion Questions (cont.):                  Which behaviors and techniques you favor...
Recent Mediation Style Research                Approach to Mediation Survey (ATMS)                    The ATMS is unique...
Approach to Mediation Survey                                    (ATMS)                ATMS is comprised of items that des...
Approach to Mediation Survey                                             (ATMS)                                           ...
Approach to Mediation Survey                                         (ATMS)         Participants= 361 professional mediato...
Approach to Mediation Survey                                         (ATMS)            Training                 65% (n= ...
Approach to Mediation Survey                                  (ATMS)            ATMS Highest Style Score                ...
Approach to Mediation Survey                                 (ATMS)                     AFCC participants                 ...
Approach to Mediation Survey (ATMS)                Correlates of Mediator Style:                    Gender              ...
Approach to Mediation Survey                                    (ATMS)                      Style Score and Gender?   Lit...
Approach to Mediation Survey                                     (ATMS)                         Style Score and Gender?  P...
Approach to Mediation Survey                                       (ATMS)                          Style Score and Work En...
Approach to Mediation Survey                                      (ATMS)                                 Style Score and W...
Approach to Mediation Survey                                                    (ATMS)                                    ...
Approach to Mediation Survey                                   (ATMS)                   Style Score and Work Environment? ...
Approach to Mediation Survey                                    (ATMS)                             Style Score and Work En...
Approach to Mediation Survey                                              (ATMS)                         Style Score and W...
Relevance to Practitioners                This research program has:                  Shown more evidence that different...
References            Baker, C. & Ross, W. H. (1992). Mediation control techniques: A test of Kolb’s             “Orchest...
References            Herrman, M. S. (2006). Introduction. In Herrman, M. S. Handbook of Mediation:             Bridging ...
References            Kolb, D. & Coolidge, G.G. (1991). Her place at the table: A consideration of gender             iss...
Presenter Contact Information                              Claudia E. Cohen, Ph.D.             International Center for Co...
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  • Is “mediator style” a topic of discussion among you and your colleagues? How do you believe you developed your particular style of practice? How important is it for you to refer back to this style during a session? What works for you about this style? What doesn’t work?
  • Mediator style can be defined as a set of strategies and tactics that characterize how a mediator will approach a given dispute and as the role mediators perceive themselves to play in the mediation of a conflict. To help you all get a better idea of the concept of mediator style, you can think of mediator style being analogous to the major models used in the domain of psychotherapy, such as the cognitive and behavioral models of practice.
  • Mediator style is of particular interest to researchers and practitioners alike because: of its presumed influence on the process and outcomes of mediation and its presumed influence on the disputing parties’ satisfaction with mediation services.
  • The MSI is comprised of twenty statements describing: attitudes, behaviors and goals. Think about the approach that you use in the majority of the cases you mediate . Reflect on what you actually do in session and not your idealized approach. Using this scale below indicate how much each item describes your approach in those mediations:
  • Enter the total style score computed on the previous page in the first box. Now divide your total score for each style by 5 and enter this number in the second box. Now rank the styles from highest to lowest. 1= highest; 4 = lowest Your highest score represents your default style (i.e., the style you use in the majority of your mediation sessions. Your lowest score represents the style you are least likely to use in session.
  • Empirical research has reliably indicated that differences in mediator styles is the norm among professional mediators. The methods used to collect data included: Observational studies Case Studies Questionnaires These studies have primarily reported: The frequencies of mediator behaviors The circumstances under which mediator behaviors are used And they have reported how mediator behavior may be related to the outcomes of mediation
  • Researchers have gained great insight about mediator behavior from these studies, but have learned little about the top down thinking behind tactical choice. Bottom up studies tell us little about the kind of “top down” cognition that is central to expert performance in many other domains and which seems so important to mediation practitioners.
  • Expertise literature notes that Experts get the “big picture”, they understand a wider range of causal connections that govern how things work. Experts can notice subtle cues and patterns And experts rely on implicit cues and procedures. (Anecdotally) Expert mediators seem to think like other domain experts They are able to recognize patterns novices do not And they develop and argue about top down styles Hence, studying mediator style is likely to be productive and to be of use and interest to practitioners.
  • In an effort to determine if styles described in the literature are present in practice, a laboratory study in which mediators were videotaped mediating a simulated dispute was conducted. This was a unique study because it is the first to examine mediator behavior as it is related to mediator style in a controlled laboratory setting. In our study 22 mediators came in our lab and were asked to mediate the angry roommates conflict. 17 experienced and 5 novice mediators participated. More than half of the experienced mediators had over 10 years of experience They mediated in a wide range of conflict domains (e.g. divorce; business; employment) and had various training backgrounds, including law (36%), mental health/ counseling (41%), and business (9%) The novice mediators were second and third year Rutgers University law students. currently receiving mediation training as part of their legal education, they had only rudimentary mediation experience.
  • The Angry Roommates dispute This was a simulated dispute between 2 female college roommates. Each mediator was given 30 minutes to meet with the roommates. They were told to mediate this dispute as they would mediate an actual conflict. All mediation sessions were video and audio taped.
  • The taped sessions were viewed and rated by three independent observers. Two of the observers were social psychologists who also had over 20 years of experience as both mediators and mediation trainers. I served as the third rater. Observers were asked to complete the Global Evaluation of Mediation Scale The GEMS was comprised of 5 stylistic descriptions of mediator behavior derived from the mediation practitioner literature. The descriptions were summaries of the most prominent mediator styles. Observers were required to judge the similarity of the mediators’ behavior to the five descriptions Each mediator was rated on a 7-point Likert scale (1= Describes them poorly; 7 = Describes them well).
  • Style A = Latent Cause Style C = Evaluative Style D = Transformative
  • Observers also wrote a stylistic narrative, describing their understanding about: the mediator’s explicit and implied mediation goal(s), the behavior used to accomplish those goal(s) and the inferable rationale behind the mediator’s performance. Narratives were used to add depth of understanding to the more quantitative, GEMS findings.
  • The 22 mediators in our sample could be divided into four mediation styles.
  • The first style is the evaluative style: Critique and evaluate the parties’ positions Use pressure tactics to induce agreement Focused on issues as presented by the parties Did not probe for any latent causes that could be fueling the conflict
  • The second style is the facilitative style: Avoid critiquing the parties’ positions Avoid using pressure tactics to induce agreement Focus on issues as presented by the parties (No probing of any latent causes that could be fueling the conflict) Attempt to create an atmosphere where each party feels comfortable Encourage the parties to brainstorm possible solutions
  • The third style is the diagnostic style: Emphasize quality problem – solving rather than agreement per se Actively seek when, why and how the parties have gotten polarized Propose solutions based on diagnostic understanding
  • The fourth style is the transformative style: Emphasize dialogue, not agreement Actively summarize each party’s feelings and perceptions in an effort to preserve the parties’ autonomy. Refrain from proposing any solutions to the parties so as to adhere to strict neutrality. The four styles of mediation found in this study were comparable to styles discussed in the literature. Now that you have more information about various styles of mediation, we would like you to get into groups according to your highest ranked MSI style, groups should have no more than 6 people.
  • In a more controlled laboratory environment, my own study of professional mediators has confirmed that stylistic variation is normative. We also found that the styles identified in the mediator style study correspond roughly to the major styles identified in practitioner accounts and empirical accounts
  • On this slide you will see a listing of various styles that have been found in the empirical and practitioner literature that correspond with the styles found in mediator style study.
  • Two important points to remember about the mediator style study: The styles identified in this study are meant to represent the mediators’ default or typical mediation style Mediators’ style can still be flexible – they are not “locked” into using one style for every mediation
  • The ATMS is comprised of items that describe mediator behaviors, goals and attitudes towards mediation practice based on the styles found in the mediation style study. There are Evaluative, Facilitative, Diagnostic, and Transformative items on the ATMS
  • Mediators were asked to select the number that best expressed the degree to which their general approach as a mediator was described by each statement. I was interested in the approximate fit of each statement to the mediator’s typical/usual mediation approach that represents the majority of their mediation work.  Evaluative item Facilitative item Latent Cause item Transformative item Likert Scale
  • I would now like to briefly view the demographics of the sample. 361 professional mediators participated 201 women 156 men 41% were between the ages of 51 and 60 years old 45% had a Juris Doctor and 25% had Master’s Degrees Degrees were obtained in Legal Field (49% ) Social and Behavioral Sciences (14%) Conflict Resolution (8% )
  • In regards to mediation training and experience 233 (65%) mediators indicated they were trained in a specific approach/philosophy of mediation: 102 (44%) Facilitative Mediation 42 (18%) Facilitative and Transformative Mediation 34(15%) Transformative Mediation 5 (2%) Evaluative Mediation 39% had 11 to 20 years experience 27% had 1 to 5 years experience 22% had 6 to 10 years experience
  • Now I would like to present the highest style score findings 165 (46%) Facilitative 113 (31%) Transformative 43 (12%) Evaluative 34 (9%) Latent Cause 6 (2%) Two Styles
  • I will now highlight the highest style scores found within the AFCC sub-sample 2 (15%) Facilitative 6 (46%) Transformative 1 (8%) Evaluative 3 (23%) Latent Cause 1 (8%) Two Styles
  • I am currently analyzing the reminder of the ATMS data. I would like to share some of my preliminary findings. In addition to creating the ATMS, I was interested in the correlates of mediator style. These include: Gender Pressure to Reach an Agreement and Disputing Parties’ Relationship
  • So what is the relationship between gender and mediator style? In the mediator style study, we found that mediators tend to vary on the degree to which they will probe for and/or attempt to help the parties reconcile relational issues related to the disputants’ conflict. A review of the literature has shown that the emphasis that an individual puts on the relational issues of conflict may be influenced by their gender: women are more aware of the parties’ relationship and perceive conflict resolution as a small part of the disputants’ relationship women place more emphasis on the interpersonal aspects of negotiations women tend to use more relational arguments based on interpersonal responsibility to a relationship when negotiating
  • With these considerations in mind, it was predicted that: Women will be more likely to use Latent Cause and Transformative mediation styles whereas men will be more likely to use the Evaluative and Facilitative styles of mediation. The prediction is partially supported. The results indicated that there is a significant relationship between gender and mediator style. As predicted, more men in the sample had a highest style score for the evaluative style and more women had a highest style score for the transformative style. Not as predicated more men in the sample had a highest style score for the latent cause style and more women had highest style scores for the facilitative style. I will now discuss the relationship between style and pressure to reach an agreement and the relationship between style and the disputing parties relationship. Both pressure to reach an agreement and the disputing parties’ relationship fall under the umbrella of a mediator’s work environment.
  • There is considerable suggestive evidence from empirical studies of mediator behavior that mediator style is shaped in important ways by the social context in which mediators work. Social context creates the cultural framework that makes up a mediator’s work environment. This work environment presumably influences mediator thinking and thus affects mediator behavior.
  • To assess work environment, the Work Environment Index (WEI) was created The WEI was designed to measure 5 aspects of social context: Mediator embeddedness Pressure to reach an agreement opportunity to consult with colleagues types of issues mediated; and the nature of the disputing parties’ relationship with each other Preliminary analyses show a relationship between mediator style and: pressure to reach an agreement the disputing parties’ relationship with each other
  • Few studies have shown that pressure to reach an agreement influences mediator behavior The main finding has been that when under such pressure mediators tend to use more pressure tactics: reminding parties of the costs of non-settlement threats of punishment or reduced benefits
  • It was predicted that: In the absence of perceived pressure to reach an agreement mediators will be more likely to use a facilitative, latent, or transformative mediation style. When perceived pressure to reach an agreement is present, mediators will be more likely to use an evaluative mediation style. This prediction was supported. The results indicated that there is a significant relationship between pressure to reach an agreement and mediator style. Across the four styles, evaluative mediators were more likely to report feeling pressured to reach an agreement.
  • Though no studies have directly investigated the link between disputant relationship status and mediation style some assumptions can be made. Kressel (2007) cited that an latent cause approach to mediation is partly a product of regularly mediating disputes wherein the parties have an ongoing relationship. Transformative mediation has been referred to as “relationship-centered” mediation. While non-directive, this style emphasizes empowerment and mutual recognition of the parties involved. Fostering empowerment and recognition, is believed to enable the parties to approach their current problem, as well as later problems.
  • It was predicted that: When the majority of the cases mediated involve parties that have a continuing relationship beyond mediation, mediators will be more likely to use a latent cause or transformative mediation style. The prediction is partially supported. The results indicted that there is a significant relationship between the disputing parties’ relationship and mediator style. Transformative mediators are more likely to mediate many cases were the parties do have an on going relationship and they were more likely to mediate fewer cases where the parties do not have an on going relationship. The Facilitative mediators where similar to the Transformative mediators. The evaluative mediators were the exact opposite, more likely to mediate fewer cases where the parties do have an on going relationship and they were more likely to mediate many cases where the parties do not have an on going relationship. The results also show the prediction for the Latent Cause mediators was not supported. There is no difference concerning the disputing parties’ relationship.
  • In conclusion, I would like to highlight that this research program: Shown more evidence that different styles of mediation exist Developed initial tools for practitioners to reflect on their style
  • AFCC Workshop Presentation

    1. 1. A “Mediation Style” Inventory: What is “Style” and Why Does It Matter? Claudia E. Cohen, Ph.D. Tiffany Butts, M.A. 46th Annual AFCC Conference New Orleans, LA May 30, 2009AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 1
    2. 2. Agenda  Exploring Mediator Style:  What is style and why is it important?  Mediation Style Inventory (MSI):  Identify your mediation style  Literature Review: Mediator Style  Academic and practitioner literature review  Mediation Style Study (Kressel, Butts, Cohen, and Reich, in preparation)AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 2
    3. 3. Agenda (cont.)  MSI Style Reflection Groups:  Discussion re: how style impacts your mediation practice  Current Research on Mediator Style:  Results of national study of mediator style (Butts, 2009)AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 3
    4. 4. What Does “Mediator Style” Mean to You?  Is “mediator style” a topic of discussion among you and your colleagues?  Do you have a sense of what your style is?  If you do, what is based upon? How do you know?  Are you conscious of your style during a mediation session? Refer to it?AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 4
    5. 5. Mediator Style Defined Mediator style has been defined as: a) a set of strategies and tactics that characterize how a mediator will approach a case b) as the role a mediator perceives him/herself to play in the mediation of a conflict. (Kressel et al.,1994; Coltri, 2004)AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 5
    6. 6. Why is Style Important?  Mediator style is believed to influence:  the process and outcomes of a mediation.  the disputing parties’ satisfaction with the session.AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 6
    7. 7. The Mediator Style Inventory (MSI)  The MSI is comprised of twenty statements describing a mediator’s attitudes, behaviors and goals.  Think about the approach that you use in the majority of the cases you mediate.  Reflect on what you actually do in session; not your idealized approach.  Using this scale below, indicate how well each item describes your approach : Describes my approach Describes my approach very poorly very well 1 2 3 4 5AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 7
    8. 8. The Mediator Style Inventory (MSI)  Identifying Your Mediation Style  Enter the total style score (from p. 1) in the first box on p. 2.  Divide your total score for each style by 5 and enter the result in the second box on p. 2.  Now rank the styles from highest to lowest (1= highest; 4 = lowest)  Your highest score represents your default style (i.e., your self- report of the style you use most frequently in your sessions.)  Your lowest score represents the style you are least likely to use in session.AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 8
    9. 9. Previous Research on Mediation Style Empirical research has demonstrated that different mediation styles exist Research methods have included:  Observational studies  Case studies  Questionnaires Reported results:  Frequencies of different mediator behaviors  Circumstances under which various mediator behaviors are used  How mediator behavior relates to the outcomes of mediationAFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 9
    10. 10. Previous Research on Mediation Style  Research gained insights about “bottom up” mediator behavior, but learned little about the “top down” thinking behind tactical choice  “Top down” cognition is central to expert performance in many domains (i.e., mediator as expert)AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 10
    11. 11. Mediators as Domain “Experts”  Experts:  get the “big picture” (i.e., top down thinking)  notice subtle cues and patterns  rely on implicit cues  Expert mediators seem to operate like other domain experts, they  recognize patterns that novices do not  develop and argue about top down styles  Studying “top down” mediator style is likely to be productive and of use to practitioners.AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 11
    12. 12. Mediator Style Study  In this study 22 mediators were asked to mediate the “angry roommates conflict.”  Mediator levels of experience:  17 experienced mediators  Nearly half had > 10 years of experience  Mediated in a wide range of conflict domains  Various training backgrounds  5 novice mediators  Second & third year Rutgers University law students  Mediation training as part of legal educationAFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 12
    13. 13. Mediator Style Study (cont.)  The “Angry Roommate Dispute”  Simulated dispute between two female roommates at Rutgers University  Each mediator had 30 minutes to meet with disputants  Mediators were told to mediate as they would in an actual conflict.AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 13
    14. 14. Mediator Style Study (cont.) Analysis  Three independent observers rated each mediator’s behavior  Observers used the Global Evaluation of Mediation Scale (GEMS)  Comprised of five stylistic descriptions of mediator behavior  Observers asked to rated similarity of the mediator’s behavior to each of five descriptions  Used 7-point Likert scaleAFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 14
    15. 15. Mediator Style Study (cont.) AnalysisAFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 15
    16. 16. Mediator Style Study (cont.) Analysis  Observers also wrote “stylistic narratives”  Narratives described each mediator’s:  explicit and implied goals for the mediation  behavior used to accomplish their goals  rationale behind their performanceAFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 16
    17. 17. Mediator Style Study (cont.) Results  Using the GEMS and the narratives, mediator behavior was categorized into one of the following four styles:  Evaluative Mediators  Facilitative Mediators  Latent Cause Mediators  Transformative MediatorsAFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 17
    18. 18. Mediator Style Study (cont.) Results Evaluators (n = 5)  Critique and evaluate the parties’ positions  Use pressure tactics to induce agreement  Focus on issues as presented by the parties (i.e., no probing of any underlying causes that could be fueling the conflict)AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 18
    19. 19. Mediator Style Study (cont.) Results Facilitators (n = 11)  Avoid critiquing the parties’ positions  Avoid using pressure tactics to induce agreement  Focus on issues as presented by the parties (i.e., no probing of any latent causes that could be fueling the conflict)  Attempt to create an atmosphere where each party feels comfortable  Encourage the parties to brainstorm possibleAFCC, 5/09 solutions Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 19
    20. 20. Mediator Style Study (cont.) Results Latent Cause Mediators (n=2)  Emphasize quality problem–solving rather than agreement per se  Actively seek to understand when, why and how the parties have become polarized  Propose solutions based on diagnostic understandingAFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 20
    21. 21. Mediator Style Study (cont.) Results Transformative Mediators (n = 4)  Emphasize dialogue, not agreement  Actively summarizes each party’s reactions and perceptions  Refrain from proposing any solutions to the partiesAFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 21
    22. 22. Mediator Style Study (cont.) Results  This study has:  confirmed the stylistic variation found in the “bottom up” empirical literature  identified styles that correspond to those found in the field studiesAFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 22
    23. 23. Mediator Style Study (cont.) Empirical and Practitioner Literature  Evaluative Style  Facilitative Style  Kolb (1983)  Kolb (1983)  Brett, Dreighe & Shapiro (1986)  Riskin (1996)  Wood (2004)  Silbey & Merry (1986)  Baker & Ross (1992)  Riskin (1996) Wood (2004) Transformative Style    Folger & Bush (1996)  Latent Cause Style  Wood (2004)  Kressel et. al (1994)  Kressel & Gadlin (2006)  Kressel (2007)AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 23
    24. 24. Mediator Style Study (cont.)  Points to remember:  Styles identified in this study meant to represent default or typical mediation style  A mediator’s style can still be flexible –not “locked” into using same style for every mediationAFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 24
    25. 25. MSI: Group Discussion  Break into groups based upon your highest MSI score  Select a facilitator, time-keeper and scribe  Wait for further instructionsAFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 25
    26. 26. MSI: Group Discussion  Discussion Questions:  Were you surprised by your score on the MSI? Why or why not?  How is your style effective in resolving disputes in your field(s) of practice (e.g. family, divorce, custody, child – parent mediation? ) What challenges do you face using your style preference?AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 26
    27. 27. MSI: Group Discussion Discussion Questions (cont.):  Which behaviors and techniques you favor? Which do you avoid?  What do you believe lead to the development of your mediator style preferences?AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 27
    28. 28. Recent Mediation Style Research  Approach to Mediation Survey (ATMS)  The ATMS is unique because it attempts to create a psychometrically valid instrument to measure mediation style.AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 28
    29. 29. Approach to Mediation Survey (ATMS)  ATMS is comprised of items that describe mediator behaviors, goals and attitudes towards mediation practice based on the styles found in the previous study.  ATMS items include: Evaluative, Facilitative, Latent Cause, and Transformative.AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 29
    30. 30. Approach to Mediation Survey (ATMS) Scale Items Evaluative Item:  The mediator may need to move parties off unreasonable or overly rigid positions by asking hard questions or providing accurate, realistic information. Facilitative Item:  A mediator should try to draw on the parties’ commonalties in order to help them reach agreement. Latent Cause Item:  Where possible, I will assist solution generation by making the parties aware of hidden feelings or circumstances that have caused their conflict. Transformative Item:  It is important that a mediator emphasize other outcomes of mediation besides the narrow goal of reaching settlement.AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 30
    31. 31. Approach to Mediation Survey (ATMS) Participants= 361 professional mediators  Gender:  201 women and 156 men  Age:  41% between 51 and 60 years old  Educational Background:  45% had a Juris Doctor and 25% had Master’s Degrees  Degrees:  Law (49%)  Social and Behavioral Sciences (14%)  Conflict Resolution (8%)AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 31
    32. 32. Approach to Mediation Survey (ATMS)  Training  65% (n= 233) were trained in a specific approach/philosophy of mediation:  44% (n=102) Facilitative Mediation  18% (n=42) Facilitative and Transformative Mediation  15% (n=34) Transformative Mediation  2% (n=5) Evaluative Mediation  Experience  27% = 1 to 5 years experience  22% = 6 to 10 years experience  39% = 11 to 20 years experienceAFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 32
    33. 33. Approach to Mediation Survey (ATMS)  ATMS Highest Style Score  46% (n=165) Facilitative  31% (n=133) Transformative  12% (n=43) Evaluative  9% (n=34) Latent Cause  2% (n=6) Two StylesAFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 33
    34. 34. Approach to Mediation Survey (ATMS) AFCC participants (n =13)  ATMS Highest Style Score  46% (n=6) Transformative  23% (n=3) Latent Cause  15% (n=2) Facilitative  8% (n=1) Evaluative  8% (n=1) Two StylesAFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 34
    35. 35. Approach to Mediation Survey (ATMS)  Correlates of Mediator Style:  Gender  Pressure to Reach an Agreement  Disputing Parties’ RelationshipAFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 35
    36. 36. Approach to Mediation Survey (ATMS) Style Score and Gender? Literature suggests that gender may influence degree of emphasis on relational issues of conflict (i.e., probing for and/or attempting to help parties reconcile relational issues.) Women=  more aware of the parties’ relationship and perceive conflict resolution as only part of the relationship (Kolb and Coolidge, 1991)  place more emphasis on the interpersonal aspects of negotiations (Kray and Babcock, 2006)  tend to use more relational arguments (based on interpersonal responsibility) when negotiating (Malach-Pines, Gat, and Tal, 1999)AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 36
    37. 37. Approach to Mediation Survey (ATMS) Style Score and Gender? Prediction: Women will be more likely to use Latent Cause and Transformative styles while men will use Evaluative and Facilitative styles.AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 37
    38. 38. Approach to Mediation Survey (ATMS) Style Score and Work Environment?  There is suggestive evidence that mediator style is shaped in important ways by the social context in which mediators work (Kolb, 1983; Kressel & Gadlin, in press; Silbey & Merry, 1986)  Social context creates the cultural framework that makes up a mediator’s work environment  A mediator’s work environment influences mediator thinking and therefore affects mediator behavior (Herman, 2006)AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 38
    39. 39. Approach to Mediation Survey (ATMS) Style Score and Work Environment?  To assess work environment, the Work Environment Index (WEI) was created  The WEI was designed to measure 5 aspects of social context:  mediator embeddedness  pressure to reach an agreement  opportunity to consult with colleagues  types of issues mediated; and  the nature of the disputing parties’ relationship with each other  Preliminary analyses show a relationship between mediator style and:  pressure to reach an agreement  the disputing parties’ relationship with each otherAFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 39
    40. 40. Approach to Mediation Survey (ATMS) Style Score and Work Environment? Pressure to Reach an Agreement  A few studies have shown that time pressure influences mediator behavior (see Carnevale, O’Connor, and McCusker, 1993 for a comprehensive review).  The main finding has been that when under such pressure mediators tend to use more pressure tactics to reach an agreement: (Carnevale & Conlon, 1988; Kressel & Pruitt, 1989; Ross & Wieland, 1996)  reminding parties of the costs of non-settlement  threats of punishment  reduced benefitsAFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 40
    41. 41. Approach to Mediation Survey (ATMS) Style Score and Work Environment? Pressure to Reach an Agreement  Prediction: In the absence of perceived pressure to reach an agreement mediators will be more likely to use a facilitative, latent cause, or transformative mediation style. When present, mediators will be more likely to use an evaluative mediation style.AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 41
    42. 42. Approach to Mediation Survey (ATMS) Style Score and Work Environment? Disputing Parties’ Relationship  Latent Cause Style  Kressel (2007) cited that an latent cause approach to mediation is partly a product of regularly mediating disputes wherein the parties have an on-going relationship.  Transformative Style  Transformative mediation has been referred to as “relationship- centered” mediation.  Fostering empowerment and recognition, is believed to enable the parties to approach their current problem, as well as later problems (suggests on-going relationship).AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 42
    43. 43. Approach to Mediation Survey (ATMS) Style Score and Work Environment? Disputing Parties’ Relationship  Prediction: When the majority of the cases mediated involve parties that have a continuing relationship beyond mediation, mediators will be more likely to use a latent cause or transformative mediation style.AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 43
    44. 44. Relevance to Practitioners  This research program has:  Shown more evidence that different styles of mediation exist  Developed initial tools for practitioners to reflect on their styleAFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 44
    45. 45. References  Baker, C. & Ross, W. H. (1992). Mediation control techniques: A test of Kolb’s “Orchestrators” vs. “Dealmakers” model. International Journal of Conflict Management, 3, 319-340.  Brett, J.M., Drieghe, R. & Shapiro, D.L. (1986). Mediator style and mediation effectiveness. Negotiation Journal, 2, 277-285.  Carnevale, P. J. & Conlon, D. E. (1988). Time pressure and strategic choice in mediation. Organizational Behavior and Human Decision Processes, 42, 111-133.  Carnevale, P. J., OConnor, K. M. & McCusker, C. (1993). Time pressure in negotiation and mediation. In Svenson, O. & Maule, A. J. (Eds). Time pressure and stress in human judgment and decision making. New York, NY: Plenum Press, p. 117 – 127.  Coltri, L. S. (2004). Conflict diagnosis and alternative dispute resolution. Upper Saddle River, NJ: Prentice Hall.  Folger, J. P & Bush, R. A. (1996). Transformative mediation and third-party intervention: Ten hallmarks of a transformative approach to practice. Mediation Quarterly, 13, 263-278.AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 45
    46. 46. References  Herrman, M. S. (2006). Introduction. In Herrman, M. S. Handbook of Mediation: Bridging theory, research and practice. Malden, MA: Blackwell Publishing, p. 3 – 18.  Kray, L. & Babcock, L. (2006). Gender in negotiations: A motivated social cognitive analysis. In Thompson, L., Negotiation theory and research. Madison, CT, US: Psychosocial Press, 203-224.  Kressel, K. & Kolb, D. (1994). The realities of making talk work. In D. Kolb, When talk works: Profiles of mediators. San Francisco: Jossey Bass, p. 459 – 493.  Kressel, K. (2006). Mediation revisited. In Deutsch, M., Coleman, P. T. & Marcus, E. C., The handbook of conflict resolution: Theory and practice. San Francisco: Jossey Bass, p. 726 – 756.  Kressel, K. (2007). The strategic style in mediation. Conflict Resolution Quarterly, 24, 251-284.  Kolb, D. (1983). The mediators. Cambridge, MA: MIT Press.AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 46
    47. 47. References  Kolb, D. & Coolidge, G.G. (1991). Her place at the table: A consideration of gender issues in negotiation. In Rubin, J.Z. & Breslin, J.W. Negotiation theory and practice. Cambridge, MA: Harvard Program on Negotiation, p. 261 – 277.  Malach-Pines, A.,Gat, H., and Tal, Y. (1999). Gender differences in divorce mediation. Sihot/Dialogue: Israel Journal of Psychotherapy, 13, 231-239.  Riskin L. L. (1996). Understanding Mediators Orientations, Strategies, and Techniques: A Grid for the Perplexed, Harvard Negotiation Law Review, 1, 7-51.  Ross, W. H. & Wieland, C. (1996). Effects of interpersonal trust and time pressure on managerial mediation strategy in a simulated organizational dispute. Journal of Applied Psychology, 81, 228-248.  Silbey, S.S. & Merry, S.E. (1986). Mediator settlement strategies. Law and Policy, 8, 7-16.  Wood, J. (2004). Mediator styles: subjective descriptions of mediators. Conflict Resolution Quarterly, 21, 437-450.AFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 47
    48. 48. Presenter Contact Information Claudia E. Cohen, Ph.D. International Center for Cooperation & Conflict Resolution Teachers College, Columbia University, NYC ccohen@tc.columbia.edu Tiffany Butts, M.A. Department of Psychology Rutgers University – Newark, NJ tiffanysamonebutts@hotmail.comAFCC, 5/09 Claudia E. Cohen, Ph.D. & Tiffany S. Butts, MA 48

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