Mediating Interpersonal and Small Group Conflict. Cheryl A. Picard

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СКАЧАТЬ parties. This version of mediation sees it as neutralizing social justice gains by helping to reestablish the privilege of the stronger class and perpetuating the oppression of the already disadvantaged.

       Mediation can be defined as a process of assisted negotiation where the mediator facilitates the process and the parties determine the outcome.

Defining Mediation

      The word mediation is derived from the Latin words medi or medio which means middle. In its simplest form, mediation is assisted negotiation. It provides third-party assistance to individuals trying to reach agreement in a controversy.

      I define mediation as a form of assisted negotiation where an impartial person facilitates the negotiation process while the parties determine the outcome. The goal is to help parties gain insight into the cares and concerns that underlie the conflict situation and that are affecting their lives and the lives of others. This insight enables parties to reach consensual decisions that accommodate their needs. It is a self-empowering process that emphasizes self-determination and interconnectedness.

      The central quality of mediation is said to be:

      its capacity to reorient the parties towards each other, not by imposing rules on them, but by helping them to achieve a new and shared perception of their relationship, a perception that will redirect their attitudes and disposition toward one another (Fuller, 1971:325).

      Edward Kruk sets out a number of key principles in his definition of mediation:

      [Mediation is] a collaborative conflict resolution process in which two or more parties in dispute are assisted in their negotiation by a neutral and impartial third party and empowered to voluntarily reach their own mutually acceptable settlement of the issues in dispute. The mediators structure and facilitate the process by which the parties make their own decisions and determine the outcome, in a way that satisfies the interests of all parties in the dispute (1997:4).

      Following from Kruk’s definition, the core components of mediation are that:

       it is a process with defined stages;

       it is used in situations where there is a disagreement between two or more parties;

       through collaboration, solutions reached in mediation benefit everyone;

       the mediator remains neutral and impartial and has no vested interest in outcomes;

       parties are empowered to make their own decisions; and

       parties enter into mediation voluntarily, without coercion or control.

      Mediation is eclectic and multi-disciplinary. Its development, and now its study, have been undertaken in the fields of anthropology, communications, economics, political science, psychology, law, management, and industrial and international relations. Mediation is used in a variety of forums including the courts, business, schools and institutions of higher education, neigbourhoods, families, and organizations. Mediation is used to resolve public policy and environmental issues, landlord-tenant and congregational conflicts, farmer-lender negotiations, international and cross-cultural conflicts, and medical malpractice suits. Although it could be more widely used, mediation is not a panacea. It should not be used when one party appears to be more interested in winning than collaborating, when the interests of one party cannot be fully represented, or, when one party would be placed in danger through his or her participation. Mediation should also not be used as a substitute for therapy or counseling, as a coercive means to an end, as a substitute for the proper exercise of authority, when competent mediators are unavailable, when power should not – or cannot – be balanced, or, when the goal is repressive. A useful caveat to remember is that “parties who participate in mediation should never leave worse off than when they came”. Knowing when to use mediation and for what purpose is critical to the successful resolution of disputes.

The Process of Mediation

      Mediation processes differ widely. Common to most is that outcomes are consensual, rather than imposed, and that solutions are fashioned by the parties themselves through a process of direct negotiation. It is important that mediation be flexible and able to meet the needs of particular individuals and situations. This means that the more commonly used Western model of mediation described in this book may not always be appropriate, especially in cases involving cross-cultural and intercultural disputes. This has become evident in recent research which shows that people of colour fare poorly in comparison to their white counterparts in mediation, except in cases where the mediators are of the same ethnic group (LeBaron, 1997). Mediators must be both flexible and skilled enough to recognize when the mediation process requires adaptation.

      Mediation has three distinct phases. It has a beginning, where the issues and key parties to the conflict are identified; a middle, where the needs and concerns underlying parties’ demands and positions regarding the issues are explored; and an end, where options to resolve the issues and meet underlying needs are generated, evaluated, and agreed upon. Prior to beginning a mediation it is the general practice to conduct an intake or pre-mediation assessment to determine if mediation is appropriate and to educate the parties about the process.

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