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7/14/2009 5:01:47 PM
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UCREFRP
UCREFRP Catalog Number
8125
Author
Moore, C. W.
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USFW Year
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USFW - Doc Type
1986
Copyright Material
YES
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24 The Mediation Process <br />Mediation is also being applied in landlord-tenant con- <br />flicts (Cook, Rochl, and Shepard, 1980), personal injury cases <br />("AAA Designs ... ," 1984), police work (Folberg and Taylor, <br />1984), disputes between elderly residents and nursing home <br />owners, and consumer disputes (Ray and Smolover, 1983). The <br />arenas in which mediation is being applied are very broad. If <br />trends continue, the process will be used to resolve a variety of <br />disputes in arenas not conceived of today. <br />Mediation Activities: Moves and Interventions <br />Negotiation is composed of a series of complex activities <br />or "moves" people initiate to resolve their differences and <br />bring the conflict to termination (Goffman, 1969, p. 90). Each <br />move or action a negotiator conducts involves rational decision <br />making in which outcomes of alternative actions are assessed ac- <br />cording to their relationships to the following factors: the <br />moves of the other parties, their standards of behavior, their <br />styles, their perceptiveness and skill, their needs and prefer- <br />ences, their determination, how much information the negotia- <br />tor has about the conflict, his or her personal attributes, and <br />resources available. <br />Mediators, like negotiators, also initiate moves. A move <br />for a mediator is a specific act of intervention or "influence <br />technique" focused on the people in the dispute that encour- <br />ages- the selection of positive actions and inhibits the selection <br />of negative actions relative to the issues in conflict (Galtung, <br />1975b). The mediator, a specialized negotiator, does not direct- <br />ly effect changes in the disputants by initiating moves; he or she <br />is more of a catalyst. Changes are the result of a combination of <br />the intervenor's moves with the moves of the negotiators (Bon- <br />ner, 1959). <br />In negotiations, people in conflict are faced with a variety <br />of procedural or psychological problems or "critical situations" <br />(Cohen and Smith, 1972) that they must solve or overcome if <br />they are to reach a settlement. All problem-solving groups face <br />these situations, which can be categorized according to size, <br />type, time, and frequency. The largest categories and most fre- <br />
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