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Last modified
7/14/2009 5:01:47 PM
Creation date
5/22/2009 6:26:07 PM
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UCREFRP
UCREFRP Catalog Number
8125
Author
Moore, C. W.
Title
Editor
USFW Year
Series
USFW - Doc Type
1986
Copyright Material
YES
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6 The Mediation Process <br />accede to the demand or denial of demand by the other. A dis- <br />pute is precipitated by a crisis in the relationship." People in- <br />volved in a dispute have a variety of choices concerning means <br />of resolving their differences. <br />Negotiation is a bargaining relationship between parties <br />who have a perceived or actual conflict of interest. The partici- <br />pants voluntarily join in a temporary relationship designed to <br />educate each other about their needs and interests, to exchange <br />specific resources, or to resolve one or more intangible issues <br />such as the form their relationship will take in the future or the <br />procedure by which problems are to be solved. Negotiation is a <br />more intentional and structured dispute resolution process than <br />informal discussions and problem solving. Negotiation is clearly <br />an option for Whittamore and Singson, although the degree of <br />emotional and substantive polarization will make the process <br />difficult to accomplish. <br />Mediation is an extension and elaboration of the negotia- <br />tion process. Mediation involves the intervention of an accept- <br />able, impartial, and neutral third party who has no authoritative <br />decision-making power to assist contending parties in volun- <br />tarily reaching their own mutually acceptable settlement of <br />issues in dispute. As with negotiation, mediation leaves the deci- <br />sion-making power in the hands of the people in conflict. Medi- <br />ation is a voluntary process in that the participants must be <br />willing to accept the assistance of the intervenor if the dispute is <br />to be resolved. Mediation is usually initiated when the parties <br />no longer believe that they can handle the conflict on their own <br />and when the only means of resolution appears to involve im- <br />partial third-party assistance. Whittamore and Singson might <br />consider mediation if they cannot negotiate a settlement on <br />their own. <br />Beyond negotiation and mediation, there is a continuum <br />of techniques that decrease the personal control that the peo- <br />ple involved have over the dispute outcome, increase the in- <br />volvement of external decision makers, and rely increasingly <br />on win/lose and either/or decision-making techniques. These ap- <br />proaches can be divided into public and private, and legal and <br />extralegal approaches. <br />
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