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Mediated Negotiation in the Public Sector - Mediator Accountability and the Public Interest Problem

NCJ Number
100038
Journal
American Behavioral Scientist Volume: 27 Issue: 2 Dated: (November-December 1983) Pages: 255-279)
Author(s)
L Susskind; C Ozawa
Date Published
1983
Length
25 pages
Annotation
Using the nature and outcomes of three public-sector mediation cases, this paper considers the usefulness of various mediation models in the public sector, mediator responsibilities in public-sector resource allocation disputes, and barriers to the wider use of public-sector mediation.
Abstract
The three case studies of public-sector mediation include a brief chronology of events, an analysis of the mediator's role, and an assessment of the outcome. The outcome assessment includes a review of criteria for measuring the success of public-sector mediation. The discussion of the mediator's task in public resource allocation disputes focuses on procedures for ensuring consideration of the interests of all affected parties. In noting the inapplicability of the labor negotiation model to public-sector mediation, the paper identifies differences in the nature and context of the two types of disputes as well as in relationships among the disputants. Characteristics of the international mediation model, cited as the appropriate model for public-sector mediation, are reviewed. Obstacles identified as hindering the wider use of public-sector mediation include difficulty in determining all interested parties, linking informal negotiation to formal regulatory and adjudicatory mechanisms, and finding appropriately trained mediators. Other hindrances include insufficient incentives to bring all key parties to the bargaining table and unfamiliarity with mediation. Thirty-six references are listed.

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