Managing Communication Challenges Towards Dispute Resolution in Court Annexed Mediation

Abstract

The general aim of this study is to manage the communication challenges that surface during the court annexed mediation proceedings. This research identifies the facilitation techniques and communication strategies currently used in dispute resolution, with the end in view of enhancing the mediation process, thereby reducing the number of cases in courts. This research also evaluates the level of satisfaction of the parties on the perceived performance of the mediators. Validated questionnaires were administered to the mediators and parties in the six Philippine Mediation units in Laguna, Philippines. The research shows significant results and conclusions like mediators frequently used effective techniques and strategies to facilitate direct communication between parties and to overcome an impasse. But there were techniques and strategies which the mediators seldom used. It was found that the parties and mediators encountered problems and challenges sometimes but still the mediators were able to address them. The parties were highly satisfied with the court annexed mediators’ facilitation techniques and communication strategies. The researcher drafts a development plan to enhance the current practices that can eventually lead to a successful mediation process.