Laserfiche WebLink
14 The Mediation Process <br />Mediation is the intervention into a dispute or negotia- <br />tion by an acceptable, impartial, and neutral third party who <br />has no authoritative decision-making power to assist disputing <br />parties in voluntarily reaching their own mutually acceptable <br />settlement of issues in dispute. I will examine several compo- <br />nents of the definition. <br />For mediation to occur, the parties must begin negotiat- <br />ing. Labor and management must be willing to hold a bargain- <br />ing session, governments and public interest groups must create <br />forums for dialogue, and families must be willing to come to- <br />gether for mediation to begin. Mediation is essentially negotia- <br />tion that includes a third party who is knowledgeable in effec- <br />tive negotiation procedures, and can help people in conflict to <br />coordinate their activities and to be more effective in their bar- <br />gaining. Mediation is an extension of the negotiation process in <br />that it involves extending the bargaining into a new format and <br />using a mediator who contributes new variables and dynamics <br />to the interaction of the disputants. Without negotiation, how- <br />ever, there can be no mediation. <br />Intervention means "to enter into an ongoing system of <br />relationships, to come between or among persons, groups, or <br />objects for the purpose of helping them. There is an important <br />implicit assumption in the definition that should be made ex- <br />plicit: the system exists independently of the intervenor" <br />(Argyris, 1970, p. 15). The assumption behind an outsider's <br />intervention is that a third party will be able to alter the power <br />and social dynamics of the conflict relationship by influencing <br />the beliefs or behaviors of individual parties, by providing <br />knowledge or information, or by using a more effective negotia- <br />tion process and thereby helping the participants to settle con- <br />tested issues. Rubin and Brown (1975) have argued that the <br />mere presence of a party who is independent of the disputants <br />may be a highly significant factor in the resolution of a dispute. <br />The third aspect of this definition is acceptability, the. <br />willingness of disputants to allow a third party to enter a dis- <br />pute and assist them in reaching a resolution. Acceptability does <br />not mean that disputants necessarily welcome a mediator and <br />are willing to do exactly as he or she says. It does mean that the <br />