Mediator approach and mediator behavior: A secondary data analysis of day of trial and child access mediation in Maryland

• Published date: 01 June 2021
• Author: Caroline Harmon‐Darrow,Lorig Charkoudian
• Date: 01 June 2021
• DOI: http://doi.org/10.1002/crq.21302

RESEARCH ARTICLE

Mediator approach and mediator behavior:

A secondary data analysis of day of trial

and child access mediation in Maryland

Caroline Harmon-Darrow

1

| Lorig Charkoudian

2

1

University of Maryland Baltimore School

of Social Work, Baltimore, Maryland

2

Community Mediation Maryland,

Takoma Park, Maryland

Correspondence

Caroline Harmon-Darrow, University of

Maryland Baltimore School of Social

Work, 525 W. Redwood St., Baltimore,

MD 21201.

Email: charmon@ssw.umaryland.edu

Abstract

Does a mediator's stated approach (Facilitative, Inclu-

sive, Transformative) predict their behavior at the

mediation table? This question is explored through

analysis of 149 cases from District Court day of trial

mediation in four Maryland jurisdictions and 156 Cir-

cuit Court Family Division court-referred custody and

visitation mediation cases in three Maryland jurisdic-

tions. Through factor analysis and multiple regression

analysis, this research found a mediator's stated

approach does not fully predict their behavior at the

mediation table, and that some self-reported

approaches are more predictive of certain actual media-

tor behaviors (e.g., reflecting, eliciting, offering opin-

ions) than others.

1|LITERATURE REVIEW

Practitioners and researchers have consistently called for clearer understanding and definition of

mediators' practice approaches or styles for at least 25 years in the dispute resolution field

(Bush, 2004; Charkoudian, de Ritis, Buck, & Wilson, 2009; Charkoudian, 2012; Della Noce, 2012;

Golann, 2000; Pruitt, 2012; Welton, Pruitt, & McGillicuddy, 1988; Welton, Pruitt, McGillicuddy, &

Ippolito, 1992). Although mediation practitioners often identify and organize around a stated

approach or style, it is sometimes unclear how they define that approach and the degree to which

they adhere to its tenets or practices. In this secondary data analysis, behavior-coded mediator

actions are analyzed empirically via factor analysis and regression and conclusions about mediator

approaches are drawn.

Received: 6 March 2020 Revised: 25 March 2021 Accepted: 29 March 2021

DOI: 10.1002/crq.21302

Conflict Resolution Quarterly. 2021;38:371–385. wileyonlinelibrary.com/journal/crq © 2021 Wiley Periodicals LLC. 371