Example ADR method dissertation topic 3:

To mediate or negotiate, that is the question.

Mediation has often been espoused as a more productive form of ADR due to its inclusion of an unbiased third party. The ability of a third party to step in where both parties come to a head and suggest creative alternative solutions is arguably more productive than the negotiation, where two opposing sides effectively ‘argue’ a resolution. Moreover, the different types of negotiation techniques (including competitive vs cooperative) often result in session with no hope of adequate resolution. This dissertation compares the differing styles of mediation and negotiation and attempts to determine whether mediation is more effective through its use of a ‘middleman’.

Suggested initial topic reading:

• Bercovitch, J and Jackson, R ‘Negotiation or Mediation?: An Exploration of Factors Affecting the Choice of Conflict Management’ [2001] 17(1) NJ 59
• Carnevale, P and Pruitt, D ‘Negotiation and Mediation’ [1992] 43 ARP 531
• Goltsman, M, Horner, J, Pavlov, G and Squintani, F ‘Mediation, arbitration and negotiation’ [2009] 144(4) JET 1397