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THE EMPIRICAL EVIDENCE THAT HAS BEEN COLLECTED ON TWO JUDICIAL REFROMS DESIGNED TO DIVERT DISPUTES THAT WOULD OTHERWISE REQUIRE RESOLUTION IN COURT: MEDIATION AND ARBITRATION, IS EXAMINED. THESE NON-ADJUDICATIVE METHODS HAVE BEEN PROPOSED TO HELP RELIEVE CASELOAD PRESSURES IN THE COURTS, TO LOWER COSTS AND REDUCE DELAY IN REACHING FINAL RESOLUTION. THE ANALYSIS HEREIN SUGGESTS THAT ALTHOUGH NOT ALL ANTICIPATED BENEFITS OF ARBITRATION AND MEDIATION HAVE MATERIALIZED, THEY HAVE PROVEN TO BE VALUABLE ALTERNATIVES IN TERMS OF COSTS, FLEXIBILTY AND FAIRNESS.

An exp'al analysis is reported of the effect of mediation on soc perception in the negotiation situation, specifically its effect on the perceived resistance to yielding of the opposing negotiator. A systematic examination of mediation functions under reference to game theory focuses on the standpoint of 'expectations of consistency' in negotiations. It is hyp'ed that the increase in expectations by the receiver of concessions is less when a concession comes through a mediator than when it comes directly from the party making the concession. This hypothesis is prevalent among experienced negotiators. A labor-manag wage negotiation situation was simulated by a group of 24 M Coll students in a laboratory atmosphere. S's assumed the role of labor. A negotiation deadlock was accomplished by having the 'manag' role played by a res assistant who appeared to be a peer of the S & who followed a prearranged program of 'hard line' bargaining. Once the deadlock was achieved, soc pressure from the Programmed management Negotiator & the exp'er induced the S to accept mediation. The final move in the simulation was to offer the S exactly the same concession of 2 diff issues, one of these offers coming directly from the S's opponent, & the other coming through the mediator. The critical measurement was the diff'fal increase in the S's expectations relevant to the 2 offer, & the byp was that the increase in expectation associated with the mediated issue would be less than that associated with the nonmediated issue. This was confirmed by the data. The results are discussed. It may be argued that mediation does not provide conflict resolution but merely the finding of a point of rather low acceptability at which 2 parties are willing to 'settle' temporarily. While conflict resolution seems more desirable, temporary compromise appears to play an important part in SR. 1 Table. M. Maxfield.

Salient features of mediation and its place in the sphere of New Zealand industrial relations where till recently it was quite unknown. Statistics of a.o. the number of work conflicts where mediation was employed, 1976-82. (Economische Voorlichtingsdienst; übers.)