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| Tekijä: | Goldberg, S.B. Shaw, M.L. Brett, J.M. |
| Otsikko: | What difference does a robe make? Comparing mediators with and without prior judicial experience |
| Lehti: | Negotiation Journal
2009 : JUL, VOL. 25:3, p. 277-305 |
| Asiasana: | experience skills success |
| Vapaa asiasana: | failure mediation judges |
| Kieli: | eng |
| Tiivistelmä: | Herein, two studies are reported: 1. Based on the responses of attorneys to questions about the reasons for the mediators' success with and without (herein as: w-and-wht.) prior judicial experience (as: p-j-exp.), it is shown that the mediator capacity in gaining the confidence of the disputants was most important for mediators w-and-wht. p-j-exp. Although certain process skills were seen as important to the success of both former judges (as: f-jds.) and non-judges (as: non-jds.), in general, process skills were significantly more important for non-jds. than for f-jds. On the other hand, the capacity to provide useful case evaluations was significantly more important for f-jds. than for non-jds. 2. Based on attorney responses to questions about unsatisfactory mediators, the 2nd study reinforced the conclusions of the 1st study as to the importance of confidence-building attributes. For both judges and non-jds., the mediator's inability in gaining the parties' confidence was a main reason for his or her lack of success. |
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