NCJ Number
97343
Date Published
1984
Length
23 pages
Annotation
This paper distinguishes between mediation and negotiation, explodes some of the myths surrounding alternative dispute resolution; and provides a checklist for evaluating the mediator, the situation, and the process.
Abstract
Mediation and negotiation are defined, and the mediator's role is discussed. Mediations of the Pitch Mine Case, the Columbia River Estuary Study Taskforce dispute, the San Juan National Forest Plan, and Offshore Oil Exploration Agreements are examined, and similarities in these disputes are highlighted. Eight myths about dispute settlement are debunked, including (1) conflict is 'bad' and dispute settlement is 'good'; (2) mediation is nonadversarial; and (3) mediation can resolve basic differences. Reasons for choosing mediation are explored; they include improving the outcome, reducing uncertainty, and making better use of technical expertise. A checklist provided is divided into five categories: (1) assessing the situation, (2) selecting and using a mediator, (3) establishing a framework for negotiations, (4) using techniques and tactics that foster joint agreements, and (5) devising agreements that work. Thirteen references are listed.