D.B.A.  Baker College (Michigan), 2011.
Specialization: Conflict Management. 

Conflict management and mediation in Michigan Probate Courts
251 pages. UMI #: AAT 3456895
Bibliographic Record in ProQuest Dissertations & Theses Database

This phenomenological study addressed the differential impacts various elements of the mediation process have on the sense of fairness or satisfaction by disputants. The purpose of this study was to describe experiences with a probate court ordered mediation process and to illuminate the elements of the process that contribute to a sense of fairness and satisfaction. Research questions addressed the factors that influenced disputants' and mediators' sense of fairness and satisfaction with the outcomes of their cases and to what extent elements of the BADGER ( B egin mediation, A ccumulate information, D evelop agenda, E xit to caucus, R esolve dispute) process played a role in the outcome. Interviews were conducted with disputants and mediators to determine whether the type of case played a role in the outcome of mediation. Interviewees shared their experience with the process and whether it was fair/unfair or satisfying/unsatisfying. Interviews were transcribed and coded. Themes that emerged from their experiences, thoughts, and feelings are outlined in the results chapter. One of the themes that emerged was that disputants reported that they were confused at the beginning of the mediation, suggesting that more pre-work may be required before the mediation begins. The overall essence of the mediation experience is described in detail. The essence of the experience differed between the mediators interviewed and the disputants. The mediators were more satisfied with the mediation than were the disputants. Foundational theories in conflict resolution and mediation are included and comparisons are made. Major theories are synthesized and analyzed for underlying premises and significance. Based on the results of the study, the researcher suggests a new practical mediation model that can be used in Michigan courts, specifically the IDEAS (Intake/begin mediation, Develop agenda, Exit to caucus, Accumulate information, Solutions/options) model proposed by the researcher.

• John Vinton, Ph.D., Chair
• Helen Bojarczyk, Ph.D.
• Mary Dereshiwsky, Ph.D.