8125

• UCREFRP Catalog Number: 8125
• Author: Moore, C. W.
• Title: Editor
• USFW Year: Series
• USFW - Doc Type: 1986
• Copyright Material: YES

62 The Mediation Process
Parties need to select both the approach and arena that
they think will best meet their needs and satisfy their interests.
Approach and arena selection is a relational procedure in that it
occurs as a result of interaction between the people in conflict.
Parties may use the same approach and arena, may partially co-
ordinate their approaches or arenas, or may use entirely differ-
ent approaches and arenas. To achieve a termination of the con-
flict, the parties must usually coordinate their dispute resolution
activities.
A mediator can assist parties in selecting and coordinat-
ing approaches and arenas. He or she is often more aware of
approaches and arenas than are the disputing parties and can
educate them about alternatives in this early stage of prenego-
tiation and assist them in selecting an appropriate means of dis-
pute settlement that will best meet their needs and capabilities.
Mediator-Disputant Relationship for Making Decisions
The mediator's role in assisting disputants in making de-
cisions about conflict approaches and arenas is similar to role
decisions faced by lawyers. Hamilton (1972, p.. 41) outlines
three philosophical stances that a lawyer may take in advising
and counseling clients:
A. Collect the facts, explain how the law applies,
analyze, recommend a best course, or courses,
of action and argue for its adoption.
B. Collect the facts, explain how the law applies,
analyze, explain the course of action open to
the client and leave the decision entirely to
him.
C. "B" above, except with discussion of the rami-
fications of the course of action and the situa-
tion until the client is able to make his deci-
sion.
Mediators must choose among the same three stances, with
the exception that they do not interpret the law.
The majority of mediators probably see their role as de-