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Five Elements of Mediation

NCJ Number
112317
Journal
Negotiation Journal Volume: 4 Issue: 2 Dated: (April 1988) Pages: 149-160
Author(s)
C Honeyman
Date Published
1988
Length
12 pages
Annotation
This study of the practices and styles of five effective mediators with the Wisconsin Employment Relations Commission identified five elements in their procedures useful in the training of mediators.
Abstract
The mediators were observed in 16 cases that yielded consistently positive results. Although the styles of the mediators varied, they had five common elements in their approaches: investigation, empathy, persuasion, invention, and distraction. All investigated the facts of the dispute early in the case, took various steps to establish empathy with the disputants, attempted to obtain concessions with graduated intensity from the outset, attempted to fashion a solution to the dispute after thorough discussion of the facts, and regularly distracted the parties to ease tensions. It is possible to train mediators based on this division of skills while obviating the problem of style. Differences in style can be accounted for by differences in relative skill and knowledge among these five elements. 12 references.

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