8125

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

40 The Mediation Process
substantive content as the exclusive domain of the parties (Stul-
berg, 1981b). Procedurally oriented mediators define their role
this way for a variety of reasons. First, mediators often believe
that the parties are better informed about the substantive issues
in dispute than any third party could ever be. These intervenors
believe that the best quality decision is that determined by the
parties. Second, mediators from this school believe that what
the parties need is procedural help, not a substantive suggestion
or decision. Third, these intervenors believe that the parties'
commitment to implement and adhere to a settlement will be
enhanced if they make the substantive decisions themselves, as
opposed to having the deal decided or forged by the intervenor.
Finally, the mediators of this school believe that a focus on the
process and an impartial stance toward substance builds trust
between the intervenor and disputants, decreases the risk to the
parties of involving another party in the dispute, and makes
them more open to procedural assistance.
Many labor-management mediators, especially intervenors
from the Federal Mediation and Conciliation Service, subscribe
to this role for the mediator (Kolb, 1983). They see themselves
as "orchestrators" of a process that enables the parties to make
their own substantive decisions.
Some environmental mediators also follow this proce-
durally oriented definition of the mediator's role. Bellman
(1982) generally does not try to influence the substantive out-
come of a dispute even if he ethically disagrees with the out-
come, considers the settlement environmentally unsound, or
believes. that it is based on inaccurate or inadequate informa-
tion. He sees himself purely as a process consultant.
Some family mediators also adhere to the procedurally
oriented approach to intervention. They argue that in a divorce,
for example, the parents generally know what is best for both
the children and the family system as a whole (Phe~r, 1984;
Saposnek, 1985). The parents do not need a substantive expert
to tell them what to do. What they need is procedural help to
assist them in problem solving.
The other school of thought argues that although the
mediator is impartial and neutral, this does not mean that he or