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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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46 The Mediation Process <br />refused mediation services in 1,898 of 3,911 cases-a refusal <br />rate of 48 percent. <br />Pearson (1982) found a rejection rate of 50 percent <br />among divorcing couples in Denver, Colorado, who were offered <br />free mediation services. Davis, Tichane, and Grayson (1980) <br />found that in felony offenses among acquaintances, 32 percent <br />of those referred to mediation failed to report and 12 percent <br />refused outright to participate in the process. <br />Researchers have attributed the rejection of mediation <br />services to (1) unfamiliarity with the process, (2) rigid adher- <br />ence to a win-lose approach to dispute resolution, (3) intense <br />emotions that block communication, and (4) habitual attach- <br />ment to judicial means of dispute settlement (Cook, Rochl, and <br />Shepard, 1980). Single-party requests for mediation services <br />generally seem to result in fewer instances of mediation. <br />Given the above data on rejection rates, what should the <br />mediator do if approached by only one party? After talking <br />with the initiator, the intervenor must contact the responding <br />party. Often the mediator or agency will mail a letter to the. <br />responding party, explaining the process of mediation and its <br />advantages, liabilities, and cost, and notifying the party that <br />the mediator will call within a short time to answer any ques- <br />tions and to discuss whether the party is interested in using <br />the process. This letter helps the mediator avoid calling spon- <br />taneously and without introductions, forewarns the respond- <br />ing party of the intervenor's imminent call, and gives the dis- <br />putant an opportunity to consider the viability of mediation <br />before talking to the mediator. <br />When the mediator calls the respondent, the intervenor <br />should not assume that the party wants to mediate. Since many <br />people are not familiar with the process, the mediator may need <br />to educate the respondents before obtaining a commitment to <br />mediate. He or she should allow adequate time to explain the <br />process and answer any questions. Care should be taken not to <br />"hard sell" mediation. The respondent should select the option <br />and not feel pressured to use the mediator's services. The <br />party's personal commitment is crucial to successful settlement. <br />One mediator has used a paradoxical approach to explain <br />
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