NCJ Number
107526
Journal
Mediation Quarterly Issue: 16 Dated: (Summer 1987) Pages: 65-73
Date Published
1987
Length
9 pages
Annotation
A systems approach to the mediation process may be more helpful in generating options than is the linear way in which the process has traditionally been conceptualized.
Abstract
The usual models divide the mediation process into a finite number of separate stages, thereby suggesting a sequence for solving the problems brought to mediation. The models encourage mediators to define issues and progressively resolve them, one by one. Many of the problems mediators encounter in practice may result from the deficiencies of these linear models. In particular, a linear approach tends to ignore the dynamic interplay between issues. As a result, parties are unable to consider one issue because they lack clear understanding of how other issues they care about will be handled. The linear model offers no guidance for integrating discussion of the various issues. In contrast, the systems approach views the initial discussions as a dynamic process of eliciting, understanding, and reframing information into specific details about the parties' needs and interests. The mediator's role is to frame the elements (parameters) of the dispute system and to make apparent the connections between these elements. The initial focus is thus on the process rather than on the search for a solution. After the issue parameters are identified, the mediator helps the parties group them in ways that will define the terms of the final agreement. The final agreement results not from a sequential negotiation about separate issues but from the understanding and linking of all the broad issues involved in the dispute. The mediator's role is to process information and to help the parties focus on their underlying needs and concerns. Figure and 2 references.