Cover pages. Pdf

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THE MANY MEANINGS OF MEDIATION:
A SOCIOLOGICAL STUDY OF MEDIATION IN CANADA
Cheryl A. Picard
Carleton University
Ottawa, Ontario
August 2000

Cheryl A. Picard, 2000

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ABSTRACT
This study provides a snapshot of how mediation is conceptualized in the
late 1990’s by those who both work as mediators and train others to mediate. It
depicts mediation as a dynamic, complex and evolving work form. Differences in
understandings about the nature of mediation were found to be linked to the
gender of the mediator, their educational background, the dispute sector in which
they mediate, and when they began to practice as a mediator. The study shows
considerable diversity of understanding about the work of a mediator. It also found
considerable difference of opinion on how the practice of mediation should be
organized, and concerns over what is taking place within in the field. One of the
strongest of these concerns is that mediation will take on a more legalistic form
with the recent influx from the legal profession. The fear is that this will dilute the
focus of mediation from its original transformative goals to more evaluative and
business-like ends.
The primary task of this study was to unmask the richness and complexities
of mediation that have been lost in bipolar views of “best practice”. The study was
exploratory, qualitative and based on grounded theory. It drew from interpretive
sociology to legitimate its efforts to obtain knowledge about the nature of mediation
by revealing how mediators understand the work they do. An in-depth analysis of
how respondents conceptualize their role, their style and their orientation to
mediation was undertaken. The results of this analysis were depicted on a matrix
table to examine clusters of mediation traits. The table shows that various

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mediation traits interact to form at least four interrelated patterns of mediation
meanings. Finding more than two sets of meanings underlies one of the study’s
important insights – that dichotomous modeling of mediation approaches
presented in the extant literature is not the way mediators think about their work.
As an outgrowth of this research an analytical model from which to engage and
study interacting patterns of meanings emerges. This heuristic “tool” is not a rigid
concept but is imagined as an emerging and dynamic construct that can do more
than examine the mediation traits and interacting patterns of meaning found in this
study. It can also be used to find traits that remain to be discovered in future
studies.
Two other insights emerged from this study. First, mediators do not share a
common understanding of the language they use. To illustrate, most mediators
define their role as facilitative, however, in some instances “facilitative” was linked
to the management of process, in others it was about enhancing communication
between the parties, and in still others it had to do with resolving the dispute.
Second, as new mediators enter the field and mediation becomes institutionalized,
the reasons individuals are attracted to work as mediators appears to be shifting
from visions of social transformation to job satisfaction and personal growth.
The study concludes with recommendations for further research,
suggestions for policy considerations and comments on the contribution to the
sociology of professions.

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TABLE OF CONTENTS
Abstract
iii
Acknowledgments
v
Table of Contents
vi
List of Tables
x
List of Diagrams
xiii
Chapter 1. THE MANY WAYS OF MEDIATION
Introduction
1
I. An Overview of Mediation
7
A Growing Social Trend
7
The Plurality of Definition
11
The Regulation of Mediation
13
II. An Overview of The Study
15
Research Question
15
Design
15
The Sample
17
Data Collection 
19
Analysis
22
Validity and Reliability
23
Conclusion
25
Chapter 2. INTRODUCTION TO THE LITERATURE ON MEDIATION
Introduction
28
I. The Rise of Mediation
30
Defining Mediation
33
Criticisms of Mediation
36
II. Contrasting Mediation Approaches
37
i) The Bargaining versus Therapeutic Approach
40
ii) The Problem-Solving versus Transformative Approach
42
iii) The Settlement versus Communicative Approach
44
iv) The Evaluative versus Facilitative Approach
45
v) The Social Norms Approach
49
III. Taking Context into Account
50
Gender as a Contextual Influence
53
Conclusion
57

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Chapter 3. THE EMERGENCE OF MEDIATION AS A PROFESSION
Introduction
61
I. Sociological Theories of Professions
62
The Regulation of Mediation
72
II. Respondents’ Views about Regulating Mediation
81
Addressing Standards and Accreditation
86
Concerns about the Field
89
Conclusion 
97
Chapter 4. PROFILING MEDIATION TRAINER-PRACTITIONERS IN CANADA
Introduction
100
I. Personal Demographics
103
Age, Gender and Background
103
Provincial Breakdown
105
Dispute Sectors
107
Education, Mediation Training and Experience
111
Work Status
114
Fees
117
II. Incentives to Mediate
122
A. Initial Attraction to Mediation
124
Social Change and Individual Empowerment
125
Job Satisfaction and Personal Growth
126
Educational Background
127
Dispute Sector
128
Gender
129
Experience
129
B. Sustaining a Mediators Interest in Mediation
133
Conclusion
137
Chapter 5. COMMON LANGUAGE, DIFFERENT MEANING
Introduction
140
I. Conceptualizing the Mediator Role
143
Mediator as Facilitator
145
The “Facilitator” Role and Contextual Factors
149
The “Facilitator” Role and Clusters of Contextual 
152
Factors

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II. Outcome and No-Outcome Meanings
155
Outcome and No-Outcome Meanings and the
156
“Facilitator” Role
Outcome and No-Outcome Meanings and Contextual
158
Factors
III. Common Words Different Meanings
161
Conclusion
166
Chapter 6. MEDIATION STYLES
Introduction
168
I. Differentiating Mediation Styles
171
The Facilitative Style
172
The Problem-Solving Style
175
The Relational Style
176
Connecting Style and Contextual Factors
178
II. The Use of Caucus
181
Frequency of Caucus, Role and Style
182
Reasons for Calling a Caucus and Contextual Factors
185
Conclusion
188
Chapter 7. A FRAMEWORK FOR UNDERSTANDING MEDIATION
Introduction
190
I. An Integrative Framework for Understanding Mediation
194
Defining the Framework
195
II. Connecting Patterns of Meaning to Contextual Factors
198
Gender
199
Educational Background
200
Dispute Sector
202
Length of Time Mediating
204
Patterns of Meaning, Clusters of Factors and Experience
206
Conclusion
209
Chapter 8. CONCLUSIONS, IMPLICATIONS AND FUTURE RESEARCH
Introduction
211
I. Major Insights and Contributions to Human Knowledge
212
II. Implications for Policy and Advancement of the Field
224
III. Further Research
230

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IV. Limitations of the Study
242
Conclusion
244
Bibliography
246
Appendices
A. Data collection instrument
261
B. Variable-Ordered Matrix Table
282
C. Letters to Respondents
291

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LIST OF TABLES
Table 1: page 39
Four Mediation Classification Schemes
Table 2: page 84
Views on Licensing, Years and Gender
Table 3: page 84
Views on Licensing, Years and Educational Background
Table 4: page 90
Concerns of Respondents and Gender
Table 5: page 91
Concerns of Respondents and Dispute Sector
Table 6: page 104
Age Groups
Table 7: page 104
Age Groups and Educational Background
Table 8: page 106
Questionnaire Distribution and Return by Province
Table 9: page 109
Dispute Sector and Gender
Table 10: page 111
Dispute Sector and Province
Table 11: page 112
Educational Background and Gender
Table 12: page115
Monthly Mediations and Dispute Sector
Table 13: page 118
Hourly Mediation Rates
Table 14: page119
Hourly Mediation Rates and Educational Background

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Table 15: page 121
Hourly Mediation Rates, Dispute Sector and Gender
Table 16: page 123
Reasons Respondents Were Attracted to Become Mediators
Table 17: page 130
Attractions to Mediate and Years Mediating
Table 18: page 132
Attraction to Mediate, Experience and Educational Background
Table 19: page 150
Facilitator Role and Dispute Sector
Table 20: page 151
Facilitator Role and Educational Background
Table 21: page 153
What Mediators Facilitate, Dispute Sector, Experience and Gender
Table 22: page 174
Contrasting the Facilitative “Style” with the Facilitative “Role”
Table 23 page 179
Gender and Mediation Style
Table 24 page 180
Mediators Style, Dispute Sector, Experience and Gender
Table 25 page 183
Frequency of Caucus by Clusters
Table 26 page 184
Mediator Style and Frequency of Caucus
Table 27 page 187
Reasons for Calling a Caucus
Table 28 page 200
Patterns of Meaning, Educational Background and Gender

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Table 29 page 201
Summary: Patterns of Meaning, Educational Background, Gender
Table 30 page 202
Summary: Patterns of Meaning, Dispute Sector, and Gender
Table 31 page 204
Patterns of Meaning, Dispute Sector and Gender
Table 32 page 204
Length of Time Mediating
Table 33 page 206
Patterns of Meaning by Clusters of Factors

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LIST OF DIAGRAMS
Diagram 1: page 108
Distribution by Dispute Sectors
Diagram 2: page 110
Gender and Educational Background
Diagram 3: page 113
Background and Years as a Practicing Mediator
Diagram 4: page 120
Mediation Fees and Gender
Diagram 5: page 131
Reasons to Mediate, Gender and Experience
Diagram 6: page 136
Factors that Sustain a Mediator’s Interest
Diagram 7: page 148
What Mediators “Facilitate”
Diagram 8: page 149
Facilitator Role and Gender
Diagram 9: page 152
Facilitator Role and Experience
Diagram 10: page 156
Outcome and No-Outcome Meanings
Diagram 11: page 178
Mediation Styles
Diagram 12: page 198
Patterns of Meanings
Diagram 13: page 199
Patterns of Meanings and Gender

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