Exploring, from the participants' perspective, the concept of trust, its development, and its role during a mediation process: A case study of the Nez Perce Indian Tribe and Idaho Power Company mediation

The problem studied in this research project was the concept of trust its development, and what role it plays from the perspective of the participants, during a mediation process. Four dynamics of trust were considered: (a) trust in the mediation process, (b) trust in the mediator, (c) trust in self or team, (d) and trust in the other side. A fifth dynamic examined was the development of trust.; A qualitative methodology was employed using a case study of the mediation between the Nez Perce Indian Tribe and Idaho Power Company. A team of three members and two or more attorneys represented each party to the mediation. Data were collected from five of the six team members and from three attorneys who participated in the mediation. The data collection method was a series of active interviews conducted in person. Follow-up interviews were also conducted in person, by telephone, and by e-mail.; Grounded theories derived from the data included: (a) the field of mediation should continue to encourage those from a wide variety of educational and experiential backgrounds to prepare themselves to serve as mediators; (b) a high level of initial trust in the mediation process and/or the mediator may not be a prerequisite to successful mediation; (c) the participants in a mediation process appear to need to have trust in some dynamic of the mediation process but they do not appear to need trust in all four dynamics as a prerequisite to successful mediation; (d) once they have entered into a mediation process, the participants no longer differentiate between the mediator and the process; (e) actions by the mediator that increase trust for one participant may decrease trust in another participant; (f) when mediating between groups from different cultures, it is important for the mediator to show an understanding of, and appreciation for both cultures; (g) attorneys who represent clients in mediation processes need to use different skins than they might use in a litigation process, including being willing to preserve the mediation process by helping the client to recognize the realities of his case; (h) the level of trust does not follow a steady incline or decline during a mediation process but ebbs and flows with specific actions and events related to the mediation process.; Besides the grounded theories that were directly related to the research question, two other recommendations for future research are: (a) the different ways various cultures engage in and react to mediation, studied from the perspective of the mediation participants; and (b) the effect on the long-term relationship between the parties of the mediator assuming control of the final resolution of a mediation.; An extensive review of literature related to the issues of the case, mediation, and trust is included.