Disputant Experience and Preferences for Mediated or Adjudicated Processes in Administrative Agencies: The Occupational Safety and Health Review Commission Settlement Part Program

Abstract

Research is limited regarding the type and amount of experience that matters for disputant preferences in dispute resolution processes. The authors focus on a unique federal appellate agency dispute resolution program at the Occupational Safety and Health Review Commission. Participants are professionals with repeat experience who are likely to have future interactions with the agency. Using survey data and regression analyses, the authors find that 1) greater personal experience with mediation or adjudication leads to a greater preference for mediation over adjudication; 2) higher levels of satisfaction with the fairness of process are associated with stronger preferences for mediation over adjudication; and 3) disputants who perceive a fair process in their most recent cases will express a greater preference for mediation over adjudication. Results have important implications for dispute system design.