Insights from a Dispute Resolution Empiricist: Preparation, Fairness, and Party Empowerment in Mediation

Document Type

Book Section

Publication Date

8-2025

ISBN

9780197784518

DOI

10.1093/oso/9780197784518.003.0033

Abstract

This article presents original empirical research on mediation from the early 2000s in nine Ohio courts, comparing findings with prior studies on civil mediation in state and federal courts. It examines key aspects such as participant assessments, session outcomes, and the impact on case resolution time and costs. Additionally, the article explores how case characteristics, party dynamics, and program design contribute to mediation success. Given the limited attention these factors have received in previous research, it provides valuable insights into their role in shaping mediation outcomes. The findings also highlight ongoing methodological challenges in mediation research, including inconsistencies across studies and the need for more rigorous, systematic approaches. Ultimately, the article calls for future research that incorporates controlled studies with random case assignments, longitudinal data collection, and detailed observations of both mediation and traditional litigation processes. By refining research methodologies, scholars and policymakers can better assess mediation’s effectiveness and optimize program design to enhance dispute resolution in civil cases.

First Page

190

Last Page

195

Num Pages

6

Publisher

Oxford University Press

Editor

Art Hinshaw, Andrea Kupfer Schneider, & Sarah Rudolph Cole

Book Title

Discussions in Dispute Resolution: The Coming of Age (2000-2009)

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