Predicting the Outcomes of Disputes: Consequences for Disputant Reactions to Procedures and Outcomes1

Third parties in dispute settings often make predictions to disputants regarding the likely outcome of their dispute at arbitration. However, virtually no research has examined the impact of predictions on disputant satisfaction with dispute resolution procedures and outcomes. One explanation for the lack of attention to this variable may be that current theorizing regarding dispute resolution procedures is too narrowly stated to incorporate this procedural variation. Theories about predictability from nondispute settings are used to generate hypotheses regarding the consequences of such outcome prediction. In a laboratory setting, disputants prepared arguments in anticipation of an arbitration hearing. Prior to the arbitrator's decision, the experimenter read the disputants' arguments and made a prediction regarding the arbitrator's decision. Their arguments were then presented to an arbitrator who imposed a binding decision. Dependent measures include the disputants' anxiety while awaiting the arbitrator's decision, and their postdecision satisfaction with dispute resolution procedures and outcomes. Internal analyses support the hypothesis that outcome prediction has benefits for disputants' predecision coping, ratings of procedural fairness, and satisfaction judgments. Also, as hypothesized, correct predictions produced greater postdecision satisfaction with outcomes and decision-makers than did incorrect predictions.     

Intravention: Third-Party Intervention with Clout

This study examined the dispute-resolution behavior of the "intravenor," a distinct third-party role in organizational dispute resolution. Unlike a mediator, whose involvement in the dispute is at the whim of the disputants, the intravenor can control the outcome of the dispute. Unlike an arbitrator, who is compelled to dictate the outcome of the dispute, the intravenor may or may not impose an outcome. The experiment reported here examined the impact of four variables on third party behavior: The third party′s role (intravenor versus mediator), the third party′s beliefs about the disputants reaching agreement (cooperative versus uncooperative disputants), the third party′s self-interest in the outcome, and the third party′s concern about the disputants′ outcome (interest in the disputant′s mutual welfare). The results suggest that intravention spawns a distinctive pattern of third-party behavior: Intravenors imposed outcomes in 66% of the cases, but more when they viewed the disputants as uncooperative than cooperative. Only 44% of the imposed outcomes reflected the disputants′ underlying interests, but this was greater when the intravenor had high compared to low concern for the disputants′ aspirations. Intravenors were more likely than mediators to use forceful, pressure tactics, and were more confident and saw themselves as more influential. Taken together, the results provide the basis for an integrated model of third-party intervention in organizational dispute resolution.     

Preferences for Dispute Resolution Procedures as a Function of Intentionality,Consequences, Expected Future Interaction,and Power1

Two studies investigated preferences for dispute resolution procedures as a function of several situational factors. Study 1 varied intentionality of the conflict, consequences, and expected future interaction between the disputants. The data indicated that 3rd-party procedures were most preferred when the wrongdoing was intentional and when there were high consequences. Study 2 varied intentionality, consequences and the power relationship between the 2 disputants. The relevant effects of Study 1 were replicated, and it was found that arbitration and advisory arbitration were most preferred when the conflict involved parties of equal power. The study supports the general view that research in several domains can be integrated into a coherent pattern of effects relevant for dispute resolution.     

Person perception in the heat of conflict: Negative trait attributions affect procedural preferences and account for situational and cultural differences

Disputes by their nature involve contentious behavior. If one attributes such behavior to underlying personality traits, these attributions can be quite damning. The current research investigated negative trait attributions and their impact on dispute resolution decisions. We hypothesized that judging one's opponent to be low in agreeableness and high in emotionality (e.g. stubborn and volatile) shifts one's preference towards more formal procedures – formal in the sense that a third party judge controls the process and outcome. Drawing on the attribution literature, we hypothesized that two antecedents of these judgments (and consequent preferences) are the perceiver's level of prior information and the perceiver's cultural proclivity to explaining behavior in terms of personal dispositions. Results of an experiment measuring reactions to a hypothetical dispute found that prior information and culture (USA vs Hong Kong) increased trait attributions and preferences for formal procedures. Additionally, expectancy measures showed interaction effects suggesting that disputants dynamically construct expectancies in light of their personality impressions.     

University Residence Hall Assistants as Mediators: An Investigation of the Effects of Disputant and Mediator Relationships on Intervention Preferences1

The present research investigated whether (a) preexisting affiliation (bias) between a mediator and 1 disputant and (b) interpersonal hostility between 2 disputants affected university Residence hall Assistants' (RAs') mediation strategies. Respondents (N = 45) read 1 of 4 versions of a dispute scenario; versions varied independent variables according to a 2 × 2 design (high vs. low mediator affiliation and high vs. low disputant hostility). Respondents indicated the probability of using 18 mediation techniques. Results suggested that both independent variables significantly affected strategy selection. When friends with the complainant, the RA was likely to first avoid mediating. Hostility between disputants was related to less problem solving. In all conditions. RAs mentioned techniques consistent with stage theories of mediation, moving from problem definition to problem solving to pressing the parties.     

Argument and alternative dispute resolution systems

Alternative dispute resolution occurs outside the litigation process. The alternative dispute resolution (ADR) movement in North America has emphasized viable alternatives to the litigation framework, such as arbitration, mediation, med-arb, multi-party facilitation, non-legal negotiation, mini-trials, administrative hearings, private judging (renta-judge), fact finding, and moderated settlement conferences. This essay addresses argument in the dominant alternatives: arbitration, mediation, and multi-party facilitation. Prior to comparing argument in these ADR systems, each will be briefly described.     

Conflict resolution and peer mediation in middle schools: extending the process and outcome knowledge base

Many professional educators are implementing school-based prevention focused on conflict resolution (CR) and peer mediation (PM). The authors conducted research on CR-PM in 3 middle schools. Specifically, they surveyed teachers and students, tracked disciplinary incidents across school years, collected mediation data, and compared mediators with a matched sample to determine attitudinal change as a result of PM training and experience. The authors also surveyed peer mediators and disputants about program satisfaction, as well as peer mediators and their parents about the generalization of PM skills. The authors conclude with implications for developing future CR programs, including a focus on mediation-process evaluation as well as schoolwide outcome measures and the use of peer mediation training as an intervention for students at risk.     

Conflict Resolution and Peer Mediation in Middle Schools: Extending the Process and Outcome Knowledge Base

Abstract

Many professional educators are implementing school-based prevention focused on conflict resolution (CR) and peer mediation (PM). The authors conducted research on CR-PM in 3 middle schools. Specifically, they surveyed teachers and students, tracked disciplinary incidents across school years, collected mediation data, and compared mediators with a matched sample to determine attitudinal change as a result of PM training and experience. The authors also surveyed peer mediators and disputants about program satisfaction, as well as peer mediators and their parents about the generalization of PM skills. The authors conclude with implications for developing future CR programs, including a focus on mediation-process evaluation as well as schoolwide outcome measures and the use of peer mediation training as an intervention for students at risk.     

Supplanting the venom of litigation with alternative dispute resolution: the role of counsellors and guidance professionals

This literature review attempts to interface counselling with alternative legal practice. The authors proceed by contrasting the adversarial nature of litigation with the conciliatory nature of alternative dispute resolution (ADR) with a view to encouraging seekers of dispute resolution to opt for ADR in lieu of litigation. The paper discusses the Ubuntu world view in conflict resolution in relation to ADR practices. While not presenting ADR as a replacement for litigation nor proscribing litigation in itself, this paper prescribes the use of ADR to arrive at settlements that are more satisfactory and longer lasting. The paper finally shows how counsellors and guidance professionals may be involved in ADR processes to effectively give succour to conflicting parties.     

Influence of third party expertise on disputants' reactions to mediation

When people cannot resolve their conflicts, they often turn to a third party, called a mediator, for help. What guides disputants' choice of mediators is the present focus. Two kinds of mediator's expertise were compared, which might affect disputants' judgment of mediators and their recommendations--process expertise and content expertise. The mediator's particular content expertise about the details of the dispute appeared to be irrelevant if the mediator was considered to be an expert in the process of conflict resolution. When mediators were seen as process experts, disputants viewed them as more credible and were more favorably disposed toward engaging their services. These judgments extended to the mediators' recommendations. Those recommendations offered by process expert mediators were viewed as higher quality and were judged more favorably. When the mediator was perceived as lacking process expertise, disputants' perceptions of how well the mediator understood the particular details of the dispute increased their evaluations of the mediator and the mediator's recommendation.     

The effect of arbitration program characteristics on applicants' intentions toward potential employers

The authors examined intentions toward prospective employers with different alternative dispute resolution (ADR) policies and no ADR policy. In Study 1, students (N = 124) were randomly assigned to 1 of 4 conditions in which 2 variables, arbitration policy presence or absence and firm desirability, were manipulated. The presence of a voluntary, nonbinding arbitration policy had no impact on intentions and did not interact with firm desirability. In Study 2, students (N = 273) were randomly assigned to 1 of 8 conditions (mandatory vs. voluntary arbitration, binding vs. nonbinding arbitration, and highly desirable vs. less desirable employer). Both mandatory and binding arbitration policies were related to less favorable intentions toward firms. Predictions regarding the interaction of ADR policy and firm desirability were partially supported. Some support was found for the interaction between ADR policy and ethnicity.     

Decision Control and Process Control Effects on Procedural Fairness Judgments1

Process control, the capacity to influence the content of a conflict resolution hearing, has been found repeatedly to affect disputants' judgments of the fairness of conflict resolution procedures, but never has there been an unambiguous test of the effect in nonbinding procedures. It was hypothesized that disputants experiencing nonbinding conflict resolution procedures, as well as those experiencing binding conflict resolution, would judge as more fair procedures high in disputant process control. One hundred nineteen undergraduate males and females were placed in apparent conflict with other suhjects. The procedure used to resolve the conflict was either high or low in disputant process control and was either binding or nonbinding. The outcome of the conflict resolution procedure was either favorable or unfavordblc to the subject. High disputant process control procedures were judged more fair than low disputant process control procedures regardless of whether the decision was binding, confirming the hypothesis. The results support new applications of procedural fairness theory and research and encourage testing of process control-like variables in nonlegal settings.     

Enhancing the transfer of computer-assisted training proficiency in geographically distributed teams

The authors examined factors that determine whether knowledge gained from computer-assisted (i.e., technology-based) team training in a geographically distributed team (GDT) context transfers to organizational results. They examined the moderating effects of team trust, technology support, and leader experience on the relation between teams' average individual training proficiency on a computer-assisted (i.e., CD-ROM-based) training program and team performance as assessed by team customer satisfaction ratings. Using data collected from 40 GDTs in a high-technology company, the authors found that the relation between teams' average training proficiency and team performance was complex and moderated by several factors. In particular, teams' average training proficiency had a positive association with customer satisfaction when GDTs were higher, rather than lower, in both trust and technology support and when team leaders had longer, rather than shorter, levels of tenure with their specific team.     

The positive and negative effects of anger on dispute resolution: evidence from electronically mediated disputes

Scholars have argued that anger expressed by participants in mediation is counterproductive; yet, there is also reason to believe that expressions of anger can be productive. The authors tested these competing theories of emotion by using data from online mediation. Results show that expression of anger lowers the resolution rate in mediation and that this effect occurs in part because expressing anger generates an angry response by the other party. However, when respondents are especially vulnerable, expressions of anger by the filer do not hinder settlement. The authors also examined precursors to anger, such as value of dispute and reputation, and the degree to which a focus on dispute resolution is reciprocated.     

The role of the self-concept and the social context in determining the behavior of power holders: self-construal in intergroup versus dyadic dispute resolution negotiations

In this work, the authors explored how a person's view of himself or herself might determine his or her use of power in a complex dispute resolution negotiation. In 3 studies of asymmetric power in negotiations, the authors demonstrated that the impact of power on motivation and behavior is moderated by both a person's self-view and the social context. In Study 1, the results revealed that in a one-on-one dispute, powerful individuals primed to hold an interdependent (as opposed to independent) self-construal are more generous in resolving their disputes with low-powered opponents. Study 2 replicated this finding but revealed a different pattern in intergroup disputes, in which powerful interdependent teams of negotiators are actually less generous than are independent teams. Study 3 provided a conceptual replication of Study 2, with the use of chronic measures of self-construal and self-reported measures of behavior. Results suggest that an interdependent self-construal may lead to a more benevolent use of power in dyadic conflicts but more exploitive uses of power in intergroup conflicts. Implications for the understanding of power and self-construal are discussed.     

Supervisors' upward exchange relationships and subordinate outcomes: testing the multilevel mediation role of empowerment

This study empirically examined the proposition that supervisors' exchange relationships with their own supervisors (i.e., leader-leader exchange, or LLX) are related to their subordinates' work-related outcomes through 3 mechanisms: (a) leaders modeling their LLX to develop and maintain their exchange relationships with their subordinates (i.e., leader-member exchange, or LMX), (b) motivating the team and its members, captured by team and individual empowerment, and (c) facilitating the relationships between LMX and individual outcomes. Analyses of multisource and lagged data from 104 team supervisors and 577 subordinates showed that LMX mediated the positive relationship of LLX on subordinates' individual empowerment. Furthermore, team empowerment and individual empowerment sequentially mediated the positive relationships between LLX and subordinates' job satisfaction and job performance. The authors also found that the indirect relationships of LMX with job satisfaction and job performance via individual empowerment were stronger when LLX was higher. Theoretical and practical implications of these findings are discussed.     

Attachment style and individual differences in leadership perceptions and emergence

The authors examined whether individuals' approaches to relationships, expressed in terms of attachment styles, was related to how they viewed ideal leadership and to their degree of tendency to emerge as team leaders. Specifically, the authors hypothesized that attachment styles, or cognitive representations of orientation to others, would explain individual differences in leadership perceptions and emergence. Participants were 127 American students in college teams. The authors found that securely attached individuals (n = 81) perceived themselves as more effective team members than did insecurely attached individuals (n = 46) and that fellow team members saw securely attached team members as emerging team leaders significantly more often than they did insecurely attached team members.     

Behavioral genetics and development: Historical and conceptual causes of controversy

Traditional, quantitative behavioral geneticists and developmental psychobiologists such as Gilbert Gottlieb have long debated what it would take to create a truly developmental behavioral genetics. These disputes have proven so intractable that disputants have repeatedly suggested that the problem rests on their opponents’ conceptual confusion; whilst others have argued that the intractability results from the non-scientific, political motivations of their opponents. The authors provide a different explanation of the intractability of these debates. They show that the disputants have competing interpretations of the concepts of reaction norm, genotype–environment interaction, and gene. The common thread that underlies each of these disagreements, the authors argue, is the relevance of potential variation that is not manifest in any actual population to the understanding of development.     

Third‐Party Dispute Resolution in India and the United States1

This study investigates the dispute‐resolution approaches of 50 Indian panchayats (a team of 5 male elders), 50 Indian elders, and 50 U.S. informal mediators. A literature review as well as preliminary interviews with Indian students in the United States (n = 90) and with villagers in India (n = 60) established that Indian villagers rely principally on a panchayat or male elder to handle their disputes. Our subsequent study of panchayats and elders in India indicated that they do manage disputes and that their approaches differ in several distinctive ways. Subsequent qualitative and quantitative comparisons of the Indian elders' techniques with those of the U.S. mediators indicated that Indian elders were more assertive in their approaches.     

The effects of gender role orientation on team schema: a multivariate analysis of indicators in a US Federal health care organization

In this empirical study of 649 employees at a federally supported health care facility in the United States, the authors investigated the effects of individual gender role orientation on team schema. The results indicated (a) that nontraditional male and female employees perceived the greatest amount of group cohesion in their team schemas and (b) that both traditional and nontraditional male employees perceived greater problem-solving potential in their team schemas. Meaningful implications for team composition are discussed.