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7/14/2009 5:01:47 PM
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UCREFRP
UCREFRP Catalog Number
8125
Author
Moore, C. W.
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USFW Year
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USFW - Doc Type
1986
Copyright Material
YES
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48 The Mediation Process <br />settlement also initiate activities that facilitate mediator entry. <br />The following workplace dispute illustrate"s such action: Two <br />managers were in conflict over how a job was to be performed. <br />A third manager-a peer-was uncomfortable with tension in the <br />office. He talked to a fourth person in the office, a woman with <br />no authority over the disputing managers, and asked her to <br />intervene. <br />Lincoln (1976) described a school desegregation conflict <br />in which a mediator was invited by the mayor and the school <br />superintendent to mediate between two hostile groups of stu- <br />dents-one group black, and the other white-that were threat- <br />ening to vandalize school property and physically harm each <br />other. Although the secondary parties were not directly in- <br />volved in the negotiations, they clearly had high stakes in the <br />outcome. <br />Secondary parties occasionally have authority over the <br />people in conflict and will intervene to encourage disputants to <br />mediate. Mediation organizations often establish referral rela- <br />tionships with judges, lawyers, court clerks, police officers, and <br />personnel in planning departments, social service agencies, and <br />educational and public interest organizations to route disputes <br />to mediation. <br />Secondary parties not only refer cases to mediation but <br />may also influence the probability of settlement. Bench refer- <br />rals by judges, prosecutors, public attorneys, and police officers <br />have a higher rate of settlement than referrals from community <br />social service agencies, legal aid organizations, or governmental <br />agencies (Cook, Rochl, and Shepard, 1980). The prospect of a <br />litigious alternative is probably a significant factor in the influ- <br />ence of a referral source on the probability of settlement. Par- <br />ties realize that if they do not reach an agreement in mediation, <br />the case will probably go to court, an undesirable alternative in <br />many instances. <br />Interventions initiated by the mediator are common in <br />complex community disputes that are public in nature, in- <br />volve multiple parties, and do not have a set of defined primary <br />actors who can request mediation. In this form of entry, the me- <br />diator usually learns of the dispute from published written ma- <br />
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