8125

• UCREFRP Catalog Number: 8125
• Author: Moore, C. W.
• Title: Editor
• USFW Year: Series
• USFW - Doc Type: 1986
• Copyright Material: YES

10 The Mediation Process
party must possess enough power to actually damage the other
party, must be able to convince the other side that it has the
power, and must be willing to use it.
Although Whittamore and Singson are very angry with
each other, they have not come to blows. Both are physically fit
and could conceivably harm each other significantly, but nei-
ther feels he could force the issue with a private fight. Whitta-
more, in the heat of anger, has considered sabotaging some of
the clinic's valuable equipment but has decided that such action
would have adverse consequences. Singson has also considered
violence and has wondered what Whittamore's reaction would
be if he were to be assaulted by agents Singson could hire for
that purpose. He too has decided against physical violence as
too risky, costly, and unpredictable.
Figure 1 illustrates the continuum of means that axe avail-
able to people in conflict to resolve their disputes. The question
that remains is, Which approach will Whittamore and Singson
choose?
Whittamore wants to stay in town so that he can be near
his children. He also wants to practice medicine. Establishing a
new practice will be expensive, so he wants to minimize his dis-
pute resolution costs. He hopes for a quick decision so that he
may leave the clinic soon to avoid more adverse contact with
Janelle and to minimize any harm to his personal relationships
with other staff members. He also needs to establish a private
practice quickly so that he can generate income. Physical vio-
lence was a fleeting fantasy, although nonviolent action is still a
possibility if the clinic does not acquiesce. Judicial and legisla-
tive approaches seem unreasonable at this time because of the
cost and length of time they will take to achieve a change.
Singson is also trying to decide what action he will take.
He wants to keep management control over the contract pro-
cess, wants to solve the problem himself and not rely on outside
agents, and wants to minimize such costs as legal fees, patient
attrition, or bad publicity. He too wants to find an amicable
solution but feels that his interaction with Whittamore has
reached an impasse.
Whittamore and Singson's conflict illustrates a case that
is ripe for negotiation. Singson and Whittamore are