Background Essays on Mediation (click on links for more information)
The Mediator tries to get to the core
of the dispute and help the parties resolve it. We may not think of it as
mediation, but that is what we are doing whenever we listen attentively to people in dispute, when we ask them
about what they really want, when we suggest possible approaches, and when we
urge them to think hard about the costs of not reaching agreement. How
mediation is carried out varies considerably from person to person, and case to
case. Background information on mediation can be found in the essay
Mediation — Overview.
Mediation can be done in a
number of different ways. Leading
approaches include:
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Problem-Solving
Mediation:
mediators using a problem-solving orientation view conflict as a problem
that can be solved by reconciling interests to find a win-win solution.
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Interest-Based
Bargaining: Most problem-solving mediation uses interest-based bargaining as the
underlying approach to reaching agreement.
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BATNA:
Part of interest-based bargaining is knowing your own and your opponents'
BATNAs---"Best Alternative to a Negotiated Agreement." Manipulating the
BATNAs is one of the keys for establishing ripeness.
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Transformative
Mediation: The
primary goal of transformative mediation is not to solve a problem, but rather
to bring about deep changes in people and their interpersonal relationships.
This essay describes how fostering parties' empowerment and recognition are
key components of transformation.
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Insider
Partial Mediation:
The North American model of mediation relies on an outside, impartial
mediator to help parties resolve their problems. However, in other societies,
people who are connected to the conflict, and even partial to one side, are
often more effective mediators. This is because people trust them to be fair and
they often play an active role in implementing and enforcing the agreement.
Mediation
takes place in many different venues. Beyond
Intractability has essays on:
As discussed above, mediation can
be done either formally or informally. The
essays on Formal Intermediaries and Track I Diplomacy discuss
formal approaches; the essays on Informal Intermediaries and Track
II Diplomacy describe informal approaches.
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