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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
Editor
USFW Year
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USFW - Doc Type
1986
Copyright Material
YES
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Initial Contacts with the Disputing Parties 45 <br />ple, a husband may call a mediator and request help in negotiat- <br />ing custody arrangements with his estranged wife, or a govern- <br />ment agency may request assistance in negotiating with a public <br />interest group. If the parties have not started to negotiate, the <br />request for mediation may mean that discussions are preferable <br />to avoidance, stalemate, or competitive approaches to dispute <br />resolution. A request for mediation may also signal a desire to <br />cooperate for mutual benefit, a willingness to make concessions, <br />or a belief that total victory is not possible. <br />People in conflict are often reluctant to ask for a third <br />party's assistance. Parties are afraid that their request for inter- <br />vention will weaken their negotiating position and damage the <br />possibility of a satisfactory outcome. Reluctance to calla medi- <br />ator is especially strong once parties are in the midst of negotia- <br />tions and have reached an impasse. Theodore Kheel, a labor <br />mediator, describes the problem faced by a party who is initiat- <br />ing the entry of a mediator: "If you've reached an impasse, it <br />can be assumed that both sides have put forth what they claim <br />will be their final offers. In that situation a proposal by one side <br />or the other to bring in a mediator is obviously a signal that that <br />side is willing to go still further" and grant more concessions, <br />for instance (Shapiro, 1970, pp. 41-42). Reluctance to appear <br />weak or to make additional offers often discourages a request <br />for a mediator. If the party does ask for third-party assistance, <br />he or she is probably following the traditional negotiator rule: <br />"Always save something for the mediator" (Downing, 1960, <br />p. 62). <br />Similar problems to those described above hold true for <br />subgroups or coalitions of parties who request .mediation. <br />Risks, however, may be blunted when more than one party <br />make such requests. The initiative can be framed in terms of <br />the needs of all disputants rather than those of a single party, <br />thus lowering the expectation of new concession making. <br />A proposal for mediation, especially in interpersonal or <br />community disputes, raises the possibility- of procedural rejec- <br />tion by another party. Several studies have examined the rate of <br />refusal to initiate mediation in community and interpersonal <br />disputes. Cook, Rochl, and Shepard (1980) found that people <br />
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