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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
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USFW - Doc Type
1986
Copyright Material
YES
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56 The Mediation Process <br />initiate contact with disputants. These include letters, phone <br />calls, personal visits, and third-party introductions. Depending <br />on the mediator, institution, type of dispute, and characteristics <br />of the disputants, various combinations of the above may be ef- <br />fective. Some mediation organizations make their first contact <br />with clients by phone, while others rely more heavily on per- <br />sonal interviews. Frequently a combination of letter, brochure, <br />and phone call is used to build credibility, describe the process, <br />and gain commitment to mediate. (See Resource B for a sample <br />contact letter.) <br />In complex disputes-such as volatile community con- <br />flicts or cases involving highly bureaucratic and hierarchical or- <br />ganizations-in which access to the main actors is tightly con- <br />trolled or limited by some barrier such as race, channels of <br />authority, or even physical inaccessibility, asecondary party <br />may be used to introduce the mediator to one or more dis- <br />putants. These introductions may be invaluable to the inter- <br />venor seeking entry into a closed dispute. <br />Timing of Entry <br />Two levels of intervention activity are usually weighed <br />when considering the point at which a mediator should enter a <br />dispute: (1) the timing of data collection regarding the case and <br />(2) the initiation of problem-solving mediation activities. While <br />both types of intervention require entry by the mediator, their <br />impacts on the dispute are quite different. <br />Data Collection. Entry to gather preliminary data about <br />a conflict can be initiated at almost any time in the develop- <br />ment of a dispute, although information may be more difficult <br />to collect during certain phases of conflict development, such as <br />the ,early escalation stage before the actual decisions of the par- <br />ties to negotiate, or the stage in which negotiations have com- <br />menced but parties do not believe the mediator is necessary. <br />The mediator's entry to collect data about the conflict usually <br />does not change the power relations between the parties. <br />The major strategic decisions about intervention for data <br />collection focus primarily on whom to talk to, the sequence of <br />
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