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Psychology of Disputant Concerns in Mediation

NCJ Number
108016
Journal
Negotiation Journal Volume: 3 Issue: 4 Dated: (October 1987) Pages: 367-374
Author(s)
T R Tyler
Date Published
1987
Length
8 pages
Annotation
This article reviews psychological research which has examined what disputants want from third parties and the basis on which they evaluate their dispute resolution efforts.
Abstract
The importance which disputants give to process fairness has been widely supported in research. In legal disputes, parties have been found to care more about fair process when the stakes are high. Measures in disputants' assessments of fair process include representation, ethical appropriateness, honesty, and consistency. Representation refers to the opportunity to influence decisions either through direct control over the decision or through the presenting of evidence that influences a third party's decision. Ethical appropriateness refers to the degree to which third-party behavior accords with general standards of ethical behavior. If third parties are viewed by disputants as behaving deceitfully (dishonest), disputants are less satisfied with the process and with the third parties. Consistency refers to the quality of outcomes and treatment disputants receive in dispute resolution relative to that given others in similar situations. 33 references.