ABSTRACT
There are three parameters affecting outcomes that lie outside of the negotiating process: the power balance in the dispute dyad, modified by insider-outsider dynamics; negotiators’ alternatives to a negotiated agreement; and the influence of intervenors. This chapter shows discrimination patterns in court and mediated outcomes, provides adjudication comparison to clarify negotiators’ alternatives to a mediated agreement; and summarizes analyses designed to clarify mediators’ influence based on their ethnicity and gender interaction with disputants. The relative power within the disputing dyad is encapsulated in the way we are viewing the cases.
