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UCREFRP
UCREFRP Catalog Number
8125
Author
Moore, C. W.
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Editor
USFW Year
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USFW - Doc Type
1986
Copyright Material
YES
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How Mediation Works 41 <br />sloe should not work with the parties directly on substantive <br />matters to develop a fair and just decision according to the <br />intervenor's values. Suskind (1981, pp. 46-47), an environmen- <br />tal mediator, argues that intervenors should be involved in sub- <br />stantive decisions when (1) "the impacts of negotiated agree- <br />ment [will affect] under represented or unrepresented groups," <br />(2) there is "the possibility that joint net gains have not been <br />maximized," (3) the parties are not aware of the "long term <br />spill-over effects of the settlements," and (4) the precedents <br />that they set "may be detrimental to the parties or the broader <br />public." Suskind further notes that "although such intervention <br />may make it difficult to retain the appearance of neutrality and <br />the trust of the active parties, environmental mediators cannot <br />fulfill their responsibilities to the community-at-large if they re- <br />main passive" (p. 47). Some labor-management mediators also <br />belong to this school. These "deal-makers" intervene substan- <br />tively when the parties are uninformed, ill-prepared to nego- <br />tiate, or unaware of mutually acceptable substantive settlements <br />(Kolb, 1983). <br />Child custody and divorce mediators also have advocates <br />in the second school. Saposnek (1983) argues that the mediator <br />should advocate the unrepresented interests of the children in <br />negotiations between the parents and believes that the mediator <br />should intervene and influence the substantive outcome if those <br />interests are violated and not taken into consideration. Coogler <br />(1978) also urges the mediator to engage in substantive negotia- <br />tions and advocates that the intervenor write a letter of noncon- <br />currence that is sent to the court if the mediator seriously dis- <br />agrees with the settlement. <br />Haynes (1981), another family mediator, believes that <br />the intervenor should be active in power balancing help to de- <br />fine the terms of the substantive decision. Haynes, Coogler, and <br />Saposnek directly disregard the concept of substantive impar- <br />tiality as a critical component of the mediator's role. <br />There is a spectrum along which mediators place them- <br />selves in defining their degree of involvement in the procedure <br />and substance of negotiations. On one side are those who advo- <br />cate mostly procedural interventions; on the other side are ad- <br />
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