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7/14/2009 5:01:47 PM
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UCREFRP
UCREFRP Catalog Number
8125
Author
Moore, C. W.
Title
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USFW Year
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USFW - Doc Type
1986
Copyright Material
YES
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42 The Mediation Process <br />vocates of substantive involvement by the mediator that may in- <br />clude actually forging the decision. Between them are mediators <br />who pursue a role with mixed involvement in process and sub- <br />stance. <br />I lean strongly toward the process end of the spectrum <br />because I believe that the parties should have the primary re- <br />sponsibility for self-determination. On rare occasions, however, <br />the mediator has an ethical responsibility to raise critical ques- <br />tions about substantive options under consideration by the par- <br />ties. These situations include cases where the agreement appears <br />to be extremely inequitable to one or more of the parties, does <br />not look as if it will hold over time, seems likely to result <br />in renewed conflict at a later date, or where the terms of <br />settlement are so loose (or confining) that implementation is <br />not feasible. I believe the mediator should also intervene in <br />cases involving the potential for violence or actual violence to <br />one or more parties, either primary or secondary. <br />Depending on the role that the mediator or the mediator <br />and the parties assign the intervenor, he or she will have to de- <br />cide which types of interventions he or she will perform. In <br />defining interventions, the mediator must decide on (1) the <br />level of intervention, (2) the target of intervention, (3) the fo- <br />cus of intervention, and (4) the intensity of intervention. <br />The level of intervention refers to how much the media- <br />tor concentrates on helping negotiators move through the gen- <br />eral critical situation, for example, the stages of bargaining, ver- <br />sus afocus on particular idiosyncratic problems that are pushing <br />the parties toward impasse. In some disputes the parties may <br />need assistance to break a particular deadlock, while others <br />will need mediator assistance throughout the bargaining process. <br />The target of intervention refers to the person or people <br />to whom the mediator directs his or her moves. Should moves <br />be directed to all parties, to a relationship within the group <br />such as a subgroup or team, or to a particular person? In a post- <br />marital dispute, for example, should the mediator focus on <br />changing the ex-wife's move, the ex-husband's, or both, or <br />should he or she focus on the entire family system, including <br />children, ex-spouses, stepparents, and grandparents? Ina com- <br />
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