NCJ Number
98041
Journal
Mediation Quarterly Issue: 4 Dated: (June 1984) Pages: 19-47
Date Published
1984
Length
29 pages
Annotation
The author applies Kuhn's (1970) concept of revolutionary paradigm shift to Simon's (1978) provocative critique of the ideology of advocacy and articulates ethical principles that are the essence of mediation.
Abstract
Simon argues that, although the adversary system of dispute processing is supposed to foster individuality, autonomy, responsibility, and dignity, in practice it undermines these values. In contrast, mediation provides a paradigm that can lead to a peaceful and evolutionary revolution in the way people think and act. The mediation paradigm is based on affirmative principles designed to fulfill the ideals of the adversary paradigm. Unlike the adversarial system, mediation encourages people to act on their best, rather than their worst, motivations. Nine principles of conflict resolution are presented which embody the chief principle of the mediation paradigm, that of balance. This principle applies to competing perceptions of needs, conceptions of fairness, and comparison of all possible solutions. The nine principles are used to analyze the American Bar Association's Model Rules of Professional Conduct. It is concluded that mediation is the new paradigm succeeding the old ideology of adversary advocacy. The mediation community must take responsibility for developing paradigm consensus according to the values and beliefs of their evolving paradigm. The advancement of this new paradigm will require development of a strategy, the definition of needs and priorities, development of a research program, evaluation of options to address needs, and the development of relationships with the legal and mental health professions. Included are 45 references.