NCJ Number
107523
Journal
Mediation Quarterly Issue: 16 Dated: (Summer 1987) Pages: 31-44
Date Published
1987
Length
13 pages
Annotation
A model is presented for use by mediators in determining which approach to conflict resolution to apply to a dispute to enable the parties to engage in constructive negotiation and keep them moving toward an agreement.
Abstract
The mediator must analyze the conflict and help the parties explore the potential advantages and disadvantages of various conflict-resolution alternatives. Based on this assessment, the intervenor and the parties may be able to develop and agree on an appropriate consensual decisionmaking process. The model asserts that the parties' attitude toward a particular method of dispute settlement depends on the way they view three variables: (1) the framing of the issues, (2) the acceptance of a cooperative forum, and (3) the acceptance of the need for a consensual decisionmaking. The degree of agreement on these three variables will determine whether no process, intermediaries, bargaining, principled negotiation, or collaborative problemsolving is the most appropriate. The parties' past and present relationships, goals for the future, degree of interdependence, disparity in power, and use of power will all affect the possibility of using collaborative, consensual decisionmaking approaches. The intervention should begin with conciliation. If this is successful, the parties may agree to meet to resolve the issues, and the mediator will decide whether to use a mediation or facilitation approach. Figures and 10 references.