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Mediator Thinking in Civil Cases
Author(s) -
Wall James A.,
Kressel Kenneth
Publication year - 2016
Publication title -
conflict resolution quarterly
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.323
H-Index - 21
eISSN - 1541-1508
pISSN - 1536-5581
DOI - 10.1002/crq.21185
Subject(s) - mediation , distributive property , variety (cybernetics) , process (computing) , order (exchange) , frame (networking) , psychology , social psychology , epistemology , political science , computer science , law , business , artificial intelligence , philosophy , mathematics , telecommunications , finance , pure mathematics , operating system
In this study we investigated mediators' thinking in twenty real‐life civil case mediations. We found evidence that their thinking unfolds along two planes: one intuitive (system 1) and the other rational (system 2). On the former, mediators frame the mediation as a distributive process, instinctively evaluate the situation as well as the parties, and engage in habitual interventions. On the rational plane, the mediators develop goals, rationally evaluate the situation, mentally map what is going on, and choose among a variety of rational steps, such as pressing, delaying the mediation, and extracting offers, in order to accomplish their goals.