Curran, Deirdre and Coakley, Alec
(2021)
The importance of apology to mediation:
A mixed-methods study of role,
effectiveness and implications for practice.
Journal of Mediation & Applied Conflict Analysis, 7 (1).
ISSN 2009-7170
Abstract
This paper explores the role of apology in the resolution of conflict through
mediation. The paper outlines the distinctive features of mediation that
contribute to its unique potential to help restore relationships, with apology
forming a potentially transformative aspect to this.
However, not all apologies are the same and not all apologies are effective.
Working from the literature, this article seeks to clarify the characteristics of
apology that are likely to make it effective in mediation. A review of the
literature also reveals a range of moderating factors that can further impact the
effectiveness of apology. Particular attention will be paid to these moderators
in considering what contributes to a template of apology effectiveness in the
context of mediation.
In this study, the first of its kind in an Irish context, empirical data from an
online survey of 97 practicing mediators along with in-depth interviews with a
sample of 24 organisational mediators is analysed, in relation to five core
questions aimed at determining the fundamental nature of apology in
mediation. While the mediators who were interviewed operate in the
‘organisational’ context, the mediators we surveyed practice across a range of
mediation contexts, including civil, workplace, and family. Therefore the context, in this case, was not controlled. Nonetheless, the analysis yields
insights that support the view found in the literature that an apology can, in
certain circumstances, be an effective means of transforming the mediation
process.
A summary of these findings indicates that:
(a) Practicing mediators confirm that apology is a prominent feature of
mediation, and that the process represents fertile soil for apology. This
represents a challenge to the mediator where apology is not forthcoming.
(b) Where an apology is forthcoming but hesitant, skilled mediators can act
as a conduit of apology between parties.
(c) The data also suggests that a high-quality apology, issued spontaneously,
can have a transformative effect on the dispute, particularly where the
relationship is on-going.
The main contribution of this paper lies in its potential to inform mediation
practice, by illustrating the potential impact of apology and by offering role
guidance to practitioners who wish to facilitate such potential where
circumstances allow. The paper also contributes to the literature through
insights offered by the research respondents which shed new light on existing themes.
Ultimately this research argues that mediation can accommodate apology as a
potent means of repairing relationships, and that the mediator can play a key
role in this. The paper will make the case for a nuanced, yet structured
approach to apology, one that needs to be reflected in mediator training and
practice. The case for further research is presented at the end.
| Item Type: |
Article
|
| Keywords: |
Apology; conflict resolution; mediation; ADR theory; JMACA; |
| Academic Unit: |
Faculty of Social Sciences > Research Institutes > Edward M Kennedy Institute |
| Item ID: |
15192 |
| Identification Number: |
https://doi.org/10.33232/jmaca.7.1.15192 |
| Depositing User: |
Kennedy Institute
|
| Date Deposited: |
06 Jan 2022 16:33 |
| Journal or Publication Title: |
Journal of Mediation & Applied Conflict Analysis |
| Publisher: |
Maynooth Academic Publishing |
| Refereed: |
Yes |
| URI: |
|
| Use Licence: |
This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available
here |
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