Quantifying the Quality of Mediation Agreements

ArticleinNegotiation and Conflict Management Research 2(4):363 - 380 · October 2009with 208 Reads
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Abstract
For workplace mediation programs, success is most often measured by assessing the agreement rate. However, it is unlikely that all signed agreements are of equal quality. Starting with the principle that the “success” of a mediation program cannot be limited to its agreement rate, we designed a study to assess the quality of mediation agreements. This article uses a questionnaire based on a five-dimension framework (mediator’s usefulness, procedural justice, satisfaction with agreement, confidence in agreement, and reconciliation between parties) to conduct a cluster analysis of a sample of agreements from a governmental mediation program. Three types of agreement are identified: disappointing, satisfactory, and value-added agreements. The study’s theoretical contributions as well as its practical implications for mediators and mediation programs are discussed.

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    • K G Duffy
    Duffy, K. G. (1991). Introduction to community mediation programs: Past, present, and future. In K. G. Duffy, J. W. Grosh, & P. V. Olczak (Eds.), Community mediation: A Handbook for practitioners and researchers (pp. 21–34). New York: Guilford Press.
  • E ´ laboration et première validation d'un instrument de mesure des ré d'une mé
    • Le Tareau
    Le Tareau, A. (2006). E ´ laboration et première validation d'un instrument de mesure des ré d'une mé. HEC Montré: Master's thesis.
  • Research, measurement, and evaluation of human resources
    • A M Saks
    • N W Schmitt
    • R J Kilmoski
    Saks, A. M., Schmitt, N. W., & Kilmoski, R. J. (2000). Research, measurement, and evaluation of human resources. Scarborough: Nelson.
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    • K A J Bollen
    • Wiley
    • Sons
    • L Boulle
    • K J Kelly
    Bollen, K. A. (1989). Structural equations with latent variables. New York: J. Wiley & Sons. Boulle, L., & Kelly, K. J. (1998). Mediation principles, process, practice. Toronto, ON: Butterworths Canada Ltd. Brett, J. M., Barsness, Z. I., & Goldberg, S. B. (1996). The effectiveness of mediation: An independent analysis of cases handled by four major service providers. Negotiation Journal, 12(3), 259–269.
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    • D G Pruitt
    • W R Fry
    • L Castrianno
    • J Zubek
    • G L Welton
    • M B Mcgillicuddy
    Pruitt, D. G., Fry, W. R., Castrianno, L., Zubek, J., Welton, G. L., McGillicuddy, M. B., et al. (1989). The process of mediation: Caucusing, control, and problem solving. In M. F. Afzalur Rahim (Ed.), Managing conflict: An interdisciplinary approach (pp. 201–208). New York: Praeger Publishers.
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