| 1. How important is a "just" (fair) process to you in reaching a negotiated or mediated resolution to a dispute? Not important 4.5% Moderately important 14.18% Very important 60.77% 2. Does a fair result require a fair decision-making process? Not at all 10.13% Somewhat 20.26% A lot 48.62% 3. Which of the following factors would indicate to you that the negotiation or mediation process was fair or just? The parties were honest in what they disclosed. 49.63% The parties were thorough in what they disclosed. 31.40% The parties listened to one another. 54.69% The parties understood one another. 44.56% The mediator was impartial. 64.82% The mediator persuaded you. 10.13% The mediator persuaded your opponent. 5.19% The mediator listened carefully to all parties. 69.88% The mediator appeared to understand party positions. 63.81% The mediator appeared to undersand party needs. 66.85% The mediator suggested resolution options impartially. 53.68% The mediator was able to assess party credibility. 28.36% The mediator knew the law. 28.36% The mediator gave equal time to everyone. 37.47% 4. If you had to choose, would you prefer to lose in a fair process or win in an unfair process? Win even if the process was unfair. 33.46% Lose so long as the process was fair. 39.54% 5. The outcome is more important to me than the process by which the outcome is reached. Yes 35.46% No 41.54% 6. A negotiation is unfair (conducted in bad faith) if: A party lies about facts important to resolution. 65.83% A party lies about its "bottom line." 18.23% A party withholds information important to a "fair" deal. 40.51% A party refuses to compromise (with good reason). 4.5% A party refuses to compromise (without good reason). 59.76% A party doesn't compromise enough. 3.4% Other: Click here for individual responses 19 24% 7. List any other ways in which a party acts in "bad faith" (i.e., unfairly) in a negotiation. 36 Responses 8. A good mediator. . . Is impartial 64.84% Will get the best deal for me. 12.16% Will help me negotiate the best deal I can. 39.51% Will understand my position. 68.89% Will understand my needs. 71.93% Will understand my opponent's position. 64.84% Will understand my opponent's needs. 68.89% Will know when my opponent is lying. 22.29% Will know when I am lying. 16.21% Will persuade the other side they are wrong. 15.20% Will persuade me I am wrong. 11 14% Will be fair. 66.87% Will be reasonable. 62.82% Will be creative. 68.89% Will be persistent. 65.86% Will not be intimidated by me. 58.76% Will not be intimidated by the other side. 62.82% Click here for other responses 13.17% 9. What other qualities should a mediator possess? 36 Responses 10. The following resolutions would be acceptable to me I fairly got a better deal than I'd hoped to 73.95% I unfairly got a better deal than I'd hoped to 22.29% I fairly got as good a deal as I hoped to 76.99% I unfairly got as good a deal as I hoped to 23.30% I fairly got a worse deal than I hoped to 42.55% I unfairly got a worse deal than I hoped to 2.3% 11. I expect to receive the greatest degree of "justice" (fairness) (because of the high number of mediators taking this survey, this result in particular is likely unreliable). by negotiating my own deal 32.42% by mediating my dispute 56.74% from a judge or jury 10.13% from an arbitrator with industry knowledge 12.16% from an arbitrator who is a legal specialist 11.14% Other Please Specify 9.12% 1 it totally depends on circumstances 2 by fully participating and accepting the process 3 from a three-member arbitral panel 4 From a mediator with legal experience 5 Using Collaborative Law 6 a negotiator trained in mediation 7 From a mediator with industry knowledge 8 Do not expect absolute justice in this life 12. If I had to define a "fair" or "just" process for resolving disputes, it would have to include the following an affordable process 59.77% a swift outcome 43.56% an impartial trier of fact 48.62% the opportunity to present all my evidence 50.65% the opportunity to question my opponent 43.56% a lawyer 17.22% experts 14.18% a decision maker of my choosing 23.30% a decision maker representative of my community 4.5% a decision maker knowledgeable in the applicable law 29.38% a decision maker knowledgeable about my industry 21.27% an outcome that seems fair 65.84% an outcome that is reasonable 70.91% an outcome that is explicable 42.55% an outcome I can appeal to a higher authority 19.25% an outcome that is final 20.26% other 5.6% 13. If you checked "other" list your other thoughts here. 1 A process where I control the outcome and don't have to give to an outside decision maker 2 An outcome that I control (agreeing to the settlement) 3 An outcome that recognises the needs of the parties rather than their positions 4 Do not expect absolute justice in this life, but do expect it in the next! 5 I believe, Pollyannish of me as this may sound, that there is a "right" result in most cases. That is an amount that seems to fit the crime/tort/breach just right to make the plaintiff whole and deter the defendant from acting that way again. A "fair" or "just" process will reach that "right" result within a range. |
| RESPONSES TO NEGOTIATION AND MEDIATION JUSTICE SURVEY Based on 78 Responses responses that garnered more than 50% of the votes are highlighted |