MEDIATION THEORY AND PRACTICE
Mediation often is better equipped to explore the relational and emotional issues of a dis pute than a formal court proceeding. Research indicates disputants in court-related media tion programs have favorable views of the mediation process, and they have settled their cases between 2 7 and 63 percent of the time without having to go before a judge. Moreover, people complied with their mediated agreements up to 90 percent of the time.
When the individuals will have a continued relationship, such as in the case of the Klimes and Dana, mediation is particularly appropriate. In this case, the parties met one afternoon with a mediator. A very tense session began. The Klimes explained that they were offended by how Dana treated them; Dana was adamant about the righteousness of her complaints. Through the process of mediation, Dana was able to express her feelings about neighbors and, subsequently, created a way for the Klimes to understand her actions. The Klimes, not having the opportunity in the past to apologize for the dog and for their son’s behavior, were allowed to assert their desire for a friendly relationship. The result of this real-world mediation was an offer for Dana to come to the Klimes’s house for coffee and to get to know Button, the dog. Dana agreed-but only if she could bring some of the chocolate chip cookies that she baked that morning. With a mediated agreement in hand, the court case was dismissed.
