THE KNOWLEDGE THAT AFFECTS COOPERATION OR SUCCESS IN MEDIATION PROCESS

Abstract

This research study aims to study the kinds of information that parties to a dispute obtain from mediators, which impact their decisions to enter a mediation process or influence the success of mediation. The research adopted mixed methods. It was conducted by reviewing literature on conflict management, observing mediation in real cases (8 cases in total), distributing questionnaires and interviewing parties involved and judges acting as mediators in mediation (60 participants in total). The outcome of the research will be used in developing mediation manuals for ordinary people, which is believed to be able to reduce the roles of experiences and abilities of mediators in mediation process in the Court of Justice. The study found that the information obtained from mediators that persuade parties to participate in mediation or that contribute to the success of mediation can be divided to 3 levels: Level 1: Information about the benefits and drawbacks of using general dispute resolutions and alternative dispute resolutions. Level 2: Information about the factors that contribute to disputes in their cases Level 3: Information about the sustainable resolutions to disputes that are preferred by parties.