8125 - Laserfiche WebLink

Home Browse Search

54 The Mediation Process cational exercise, disputants must have at least a minimal under- standing of the process for the intervenor to be successful. Some of the procedures that the parties should understand include: The impartial role of the mediator How data will be collected • The procedure 'that will be used to "work" on each issue • The limits of confidentiality in the mediation process The potential use of caucuses or private meetings The possible forms that a settlement, if reached, might take Parties should assess all the procedures available to them to resolve the dispute and decide on mediation before beginning the process. Careful explanation and evaluation of the alterna- tive approaches enhance the probability that mediation, if it is selected as the preferred dispute resolution process, will be suc- cessful. Gaining a Commitment to Mediate. The mediator must believe that there is a common commitment by the parties both to the process of negotiation and mediation as means of resoly- ing their dispute and to the mediator as an assistant in this ef- fort. The commitment to the process and to an intervenor has been referred to in organizational development literature as a "psychological contract" (Schein, 1969, pp. 81-88). A psycho- logical contract consists of the terms and expectations of the relationship between the mediator and disputant such as open- ness, honesty, and commitment to settlement. Mediators at this point usually have to make a strategic decision about how explicit or formal the commitment process should be and what contractual form it should take. Formal contracts often specify fees, expected time expenditure, and specific services to be or not to be performed. Mediators vary considerably on the degree of formality in mediation contracts. Some mediators want an explicit signed statement that the par- ties are committed to achieving a jointly satisfactory solution with the mediator's assistance (Coogler, 1978; Folberg and Tay- lor, 1984; Ricci, 1980). Other mediators rely exclusively on more informal, verbal psychological contracts.