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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
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USFW Year
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USFW - Doc Type
1986
Copyright Material
YES
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Initial Contacts with the Disputing Parties 5 7 <br />interviews, and the content of interviews. More will be said <br />about entry strategies for data collection in Chapter Five. <br />Initiation of Mediation and Problem Solving. The timing <br />of mediator intervention to solve problems, as opposed to col- <br />lecting data, is one of the most intensely debated topics in <br />the dispute resolution field (Simkin, 1971; Kerr, 1954; Carpen- <br />ter and Kennedy, 1979; and Pearson, 1984). Some mediators <br />argue that early intervention limits hostility and emotional <br />damage. Early entry by the mediator may also alleviate the <br />tendency for parties to polarize on substantive issues. Early <br />entry may enable the mediator to prevent a party's hard-line <br />commitment to alternatives that are unacceptable to other dis- <br />putants. <br />Another argument for early intervention concerns proce- <br />dural advantages. Polarization often results when disputants fail <br />to understand productive means or procedures to resolve their <br />controversies. Early intervention can discourage unproductive <br />negotiation behavior, can route the parties toward behavior or <br />procedures that will result in settlement, and can discourage <br />energy-draining responses that may escalate a dispute and create <br />barriers to settlement due to-poor process rather than substan- <br />tive differences. <br />Arguments for later mediator entry into a dispute center <br />on the needs for parties to mobilize their power, to equalize the <br />means they have to influence each other, and to occasionally <br />demonstrate their coercive power before negotiations. Later en- <br />try may also allow for polarization to develop that often clari- <br />fies issues, provides time for the parties to vent emotions, and <br />allows the parties themselves to request the assistance of an im- <br />partial mediator after they have exhausted their own procedural <br />and substantive options. <br />Proponents of later intervention argue that parties need <br />time to mobilize their forces and gather their means of influ- <br />ence in order to affect the other parties involved (Cormick, <br />1982; Crowfoot, 1980). They claim that early entry hinders this <br />process; that the weaker party, who is not as well prepared for <br />the conflict and therefore has less influence, may be over- <br />whelmed; and that an unfair settlement may be either reached <br />
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