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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
Series
USFW - Doc Type
1986
Copyright Material
YES
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Initial Contacts with the Disputing Parties 49 <br />terial or an interested secondary party. After careful examina- <br />tion of the dispute, the mediator takes the initiative to contact <br />one or more disputants and offer his or her services. Entry of <br />this type is complicated by the fact that the mediator may have <br />difficulty building credibility with disputants, may lack their <br />psychological commitment, may be subject to ethical issues <br />involving association of his or her intervention with "ambu- <br />lance chasing," and will need to consider the possible effect of <br />the intervention on the coalescence of power among the par- <br />ties involved. <br />Gerald Cormick and Jane McCarthy, mediators of an en- <br />vironmental dispute involving flood control and land use along <br />the Snoqualmie River in Washington State, used this approach. <br />They entered the conflict on their own initiative and assisted <br />the primary parties in identifying and including additional dis- <br />putants. "In determining whether mediation would be accept- <br />able to the disputants, Cormick and McCarthy discovered who <br />the key participants were by asking everyone involved: `Can <br />you name 10 or 12 persons who if they could agree on some- <br />thing, would have stature and influence enough so that you, <br />who are in disagreement, could reasonably support them and <br />any agreement they might reach?' Those named most often be- <br />came part of the group that would meet with Cormick and <br />McCarthy to work out a compromise" (Dembart and Kwartler, <br />1980, p. 47). <br />This uninvited form of entry is often the only one avail- <br />able to mediators who perceive that they may be helpful to dis- <br />putants who may not be aware of mediation as a means of dis- <br />pute resolution. More will be said about targeting parties and <br />entry in Chapter Five. <br />Appointing a mediator is another means of entry. In insti- <br />tutionalized labor disputes, mediation is often legally required <br />before the parties can proceed to other means of dispute reso- <br />lution, and mediators are appointed by state or federal agen- <br />cies. There are some interpersonal and community disputes in <br />which government agencies may mandate the process, appoint <br />mediators, or do both. <br />In the marital conciliation court system of California, for <br />
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