IMPARTIAL INTERVENTION INTO COMMUNITY CONFLICT

• NCJ Number: 50303
• Author(s): P RIP; W F LINCOLN
• Date Published: 1975
• Length: 21 pages
• Corporate Author: American Arbitration Assoc
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

THE METHODOLOGY FOR THE MEDIATION OF COMMUNITY CONFLICT DISPUTES IS DESCRIBED FROM THE PERSPECTIVE OF THREE PHASES--ENTRY, NEGOTIATIONS, AND EXIT.

Abstract

THE PRIMARY FUNCTIONS, MANIFEST BEHAVIOR, AND THE LATENT PROCESSES TO BE PURSUED BY THE MEDIATOR IN THE PRENEGOTIATION (ENTRY), NEGOTIATION, AND EXTRICATION (EXIT) PERIODS OF CONFLICT RESOLUTION ARE DISCUSSED. EMPHASIS IS PLACED ON THE MANIFESTATION OF OBJECTIVITY WHICH GRASPS THE VIEWPOINTS OF BOTH PARTIES IN THE CONFLICT, THE BASES OF THE MOST SEVERE CONFLICT, AND A VIEW OF A CONFLICT RESOLUTION THAT TRANSCENDS THE EXCLUSIVE SELF-INTEREST OF EITHER PARTY. THE MEDIATOR'S ABILITY TO ELICIT TRUST IN HIMSELF AND THE NEGOTIATING PROCESS FROM THE CONFLICTING NEGOTIATIONS IS CONSIDERED THE UNDERLYING DYNAMIC THAT FUELS THE NEGOTIATING PROCESS FROM BEGINNING TO END. GENERALIZED PROFILES OF THE CONFLICTING PARTIES (ONE ADVOCATING CHANGE AND THE OTHER THE STATUS QUO) ARE PRESENTED, ALONG WITH THE LIKELY PATTERNS OF RELATIONSHIPS BETWEEN THE TWO PARTIES AND WITH THE MEDIATOR. IN THE PRENEGOTIATION PHASE, IT IS NOTED THAT THE ADVOCATES OF CHANGE ANNOUNCE IDEALISTIC GOALS TO BE ACHIEVED THROUGH POLITICAL, ECONOMIC, AND OFTEN PHYSICAL FORCE, WHILE THE ADVOCATES OF THE STATUS QUO ARE COMMITTED TO THE MAINTENANCE OR REESTABLISHMENT OF THE DISTRIBUTION OF POWER AS IT EXISTED PRIOR TO THE CONFLICT. THE NEGOTIATING PROCESS PRESUPPOSES THAT EACH OF THE PARTIES HAS AN OVERRIDING CONCERN TO AVOID THE DESTRUCTIVE CONSEQUENCES OF THE CONFLICT THAT WOULD ISSUE FROM AN UNYIELDING COMMITMENT BY EACH PARTY TO ITS EXTREME POSITION. STILL, EACH PARTY ENTERS THE NEGOTIATION WITH AN INTENT NOT TO YIELD ITS POSITION BEYOND A MINIMALLY ACCEPTABLE POINT. EACH PARTY HOPES FOR A SETTLEMENT SOMEWHERE ABOVE THIS POINT. IF THIS IS REACHED, THE NEGOTIATIONS ARE CONSIDEREED A SUCCESS. AFTER NEGOTIATIONS ARE COMPLETED, THE FOCUS OF THE ENTERPRISE TURNS TOWARD ALL WHO ARE AFFECTED BY THE SETTLEMENT. THE MEDIATOR MAY OFTEN BE NEEDED TO HELP MAINTAIN COMMUNICATIONS BETWEEN GROUPS DURING THE EARLY STAGES OF COMPLIANCE. IT IS INDICATED THAT THE PRINCIPLES AND INSIGHTS PRESENTED DO NOT GUARANTEE NEGOTIATING SUCCESS, BUT ARE TO BE USED AS DIAGNOSTIC OR ANALYTIC TOOLS FOR PREANALYSIS AND POSTANALYSIS.