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30 Negot. J. 421 (2014)
Creativity in Court-Connected Mediation: Myth or Reality

handle is hein.journals/nejo30 and id is 421 raw text is: Creativity in Court-Connected Mediation: Myth or Reality? Lin Adrian and Solfrid Mykand In this study, we examined creativity in court-connected mediation. We analyzed 129 mediated agreements from civil cases in Norway and Denmark and compared the outcomes with the parties' original claims to determine whether the agreement addressed only the disputants' demands or contained other elements. If the mediated agreements contained elements in addition to the original claims, we considered them to be creative. We devised a creativity scale and found that approximately two thirds of the cases contained creative elements and one quarter of them contained more than five creative elements. We then sought to determine which aspects ofthe mediation promoted creativity by looking at a variety of mediation characteristics (length of mediation, characteristics of the parties, etc.). We found that lengthier mediations tended to feature more creativity as did cases that involved two private individuals rather than businesses. Cases whose issues involved inheritance as well as the division ofpropertyfollowing divorce seemed to foster the highest levels of creativity. Finally, we found that the amount ofmoney at issue also seemed to be relevant:the highest levels of creativity were found in cases in which more money was at stake. In this article, we also discuss the implications of ourfindingsforfuture research, practice, and training. Key words: mediation, alternative dispute resolution, creativity, mediated agreements, settlements, court-connected mediation, civil disputes, interests and needs. Lin Adrian is an assistant professor on the faculty of law at the University of Copenhagen in Denmark. Her e-mail address is lin.adrian@jur.ku.dk. Solfrid Myldand is an associate professor on the faculty of engineering and business administra- tion at Bergen University College and at the Norwegian School of Economics (NHH) in Norway. Her e-mail address is solfrid.mykland@hib.no. 10.1111/nejo.12069 © 2014 President and Fellows of Harvard College Negotiation Journal October 2014 421

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