8125 - Laserfiche WebLink

Home Browse Search

50 The Mediation Process example, parties in child custody cases are required to try medi- ation before court action (Comeau, 1982). There are also in- stances in which elected officials have appointed a mediator to respond to a community dispute (Dembart and Kwartler, 1980; Lansford, 1983; Clark-McGlennon Associates, 1982), but in most cases of this type, appointment appears to be merely offi- cial recognition of what has previously been arranged and ac- cepted by the disputants themselves. Tasks of the Mediator in the Entry Stage Regardless of how a mediator enters a dispute, he or she must accomplish certain specific intervention tasks. These in- clude (1) building personal, institutional, and procedural credi- bility; (2) establishing rapport with the disputants; (3) educat- ing participants about the negotiation process, the role of the mediator, and the function of mediation; and (4) gaining a commitment to begin mediating. Building Credibility. Mediators must build credibility with those in conflict by developing their expectations that the mediator and the mediation process will help them resolve the dispute. There are three types of credibility: personal, institu- tional, and procedural. Personal credibility refers to the mediator's possession of particular personal characteristics that mediators and disputants have long attributed to the success of the intervention process. Landsberger (1956) found that disputing parties in labor nego- tiations, when evaluating successful mediator attributes, in- cluded originality of ideas, an appropriate sense of humor, the ability to act unobtrusively in a conflict, the ability to create the feeling of being "at one" with the disputants and concerned with their well-being, a willingness to be a vigorous salesperson when necessary, control over his or her feelings, persistent and patient effort, the ability to understand quickly the dynamics and complexities of a dispute, and some specific knowledge of the field in which he or she is mediating. Activities by mediators that allow them to personally exhibit these qualities will gener- ally reinforce beliefs held by disputing parties that the mediator