Creativity in Court-Connected Mediation: Myth or Reality? Myth or Reality?
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Creativity in Court-Connected Mediation: Myth or Reality? Myth or Reality? / Adrian, Lin; Mykland, Solfrid.
In: Negotiation Journal, Vol. 30, No. 4, 10.2014, p. 421-439.Research output: Contribution to journal › Journal article › Research › peer-review
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TY - JOUR
T1 - Creativity in Court-Connected Mediation: Myth or Reality?
T2 - Myth or Reality?
AU - Adrian, Lin
AU - Mykland, Solfrid
PY - 2014/10
Y1 - 2014/10
N2 - In this study, we examined creativity in court-connected mediation. We analyzed 129 mediated agreements from civil cases in Norway and Denmark and compared the outcomes with the parties' original claims to determine whether the agreement addressed only the disputants' demands or contained other elements. If the mediated agreements contained elements in addition to the original claims, we considered them to be “creative.” We devised a creativity scale and found that approximately two thirds of the cases contained creative elements and one quarter of them contained more than five creative elements.We then sought to determine which aspects of the mediation promoted creativity by looking at a variety of mediation characteristics (length of mediation, characteristics of the parties, etc.). We found that lengthier mediations tended to feature more creativity as did cases that involved two private individuals rather than businesses. Cases whose issues involved inheritance as well as the division of property following divorce seemed to foster the highest levels of creativity. Finally, we found that the amount of money at issue also seemed to be relevant: the highest levels of creativity were found in cases in which more money was at stake. In this article, we also discuss the implications of our findings for future research, practice, and training.
AB - In this study, we examined creativity in court-connected mediation. We analyzed 129 mediated agreements from civil cases in Norway and Denmark and compared the outcomes with the parties' original claims to determine whether the agreement addressed only the disputants' demands or contained other elements. If the mediated agreements contained elements in addition to the original claims, we considered them to be “creative.” We devised a creativity scale and found that approximately two thirds of the cases contained creative elements and one quarter of them contained more than five creative elements.We then sought to determine which aspects of the mediation promoted creativity by looking at a variety of mediation characteristics (length of mediation, characteristics of the parties, etc.). We found that lengthier mediations tended to feature more creativity as did cases that involved two private individuals rather than businesses. Cases whose issues involved inheritance as well as the division of property following divorce seemed to foster the highest levels of creativity. Finally, we found that the amount of money at issue also seemed to be relevant: the highest levels of creativity were found in cases in which more money was at stake. In this article, we also discuss the implications of our findings for future research, practice, and training.
KW - Faculty of Law
KW - mediation
KW - kreativitet
KW - mægling
KW - retsmægling
KW - court-connected mediation
KW - mæglingsaftaler
KW - mediationsaftaler
KW - aftaler
KW - mediation
KW - alternative dispute resolution
KW - mediated agreements
KW - settlements
KW - court-connected mediation
KW - civil disputes
KW - interests and needs
U2 - 10.1111/nejo.12069
DO - 10.1111/nejo.12069
M3 - Journal article
VL - 30
SP - 421
EP - 439
JO - Negotiation Journal
JF - Negotiation Journal
SN - 0748-4526
IS - 4
ER -
ID: 127293763