Processes in Civil Case Mediation - University of Hawaii在民事案件调解过程-夏威夷大学.doc

Processes in Civil Case Mediation Wall Chan-Serafin Conflict Resolution Quarterly, 26(3), 261-291 The authors estimate there are approximately 250,000 civil case mediations per year in the United States. The authors investigated 62 civil case mediations to determine how the behavior of the mediators, plaintiffs, and defendants might influence the mediation process or its outcome. The mediators in these cases were 21 attorneys and eight judges who had practiced law for an average of 30 years, had mediated an average of 600 cases over the course of an average of nine years as mediators. Although there were many interesting aspects of this study, the list below will focus on a of mediators’ techniques that were observed during the study. This list does not represent all of the techniques the mediators used. Observed Mediators Techniques Asks for information. Shows empathy or understanding for disputant. Points out weaknesses of disputant’s case. Indicates strength of opponent’s case. Weakens other. Criticizes disputant. Criticizes other. Strengthens disputant. Praises disputant. Praises other. Notes costs and risks of trial for the disputant. ?Civil Case Mediations: Observations and Conclusions /public/publication/article.cfm/1/21/5/Observations-and-conclusions-on-civil-case-mediations (2009) James A. Wall, Jr.?and Suzanne Chan-Serifin ? You can see a lot by just looking, Yogi Berra once said, and this adage is quite relevant to civil case mediations. Currently, in the United States, there are approximately 250,000 civil case mediations per year (Wall Chan-Serafin, 2009), but we know very little about what happens within them. The literature does describe mediation, offer advice to mediators, tout the value of mediation and list its outcomes. Yet there are no empirical studies that report mediators, plaintiffs and defendants behaviors in mediation or more importantly that indicate how the various participants behaviors may influence the process or the outcome. We