NCJ Number
102440
Journal
Mediation Quarterly Issue: 13 Dated: (Fall 1986) Pages: 21-29
Date Published
1986
Length
9 pages
Annotation
An emerging synthesis of the knowledge required for practicing family mediation achieves a balance between the mental health orientation of restructuring relationships and the legal focus on negotiating agreement.
Abstract
Most family mediators operate with a conceptual orientation based on their prior professional training and experience, usually in mental health or law. The mental health orientation is based on a family systems/therapeutic paradigm, which emphasizes the process of restructuring relationships. The legal orientation is based on a conflict/bargaining paradigm, which emphasizes the process of negotiating agreement. These differences in mediator orientation influence the emphasis the mediator gives to cognitive and affective dimensions, needs, and rights. A third orientation is emerging, sometimes evidenced in comediation with attorney mediators and therapist mediators, which symthesizes the legal and mental health orientations. The synthesis strikes a balance between needs and rights, internal and external criteria for fairness, and the cognitive and affective dimensions. 14 references.