Source page 31 [[The Mediation Process 4th ed by Christopher W Moore]] I am curious about the role of a mediator. They are really the peace makers. What do they do? how do they do it? what techniques, processes do they use? Some definitions: 1. Third Party - someone or a group that work between disputed parties. Independent. Non-stakeholder 2. Acceptability - The willingness to welcome, accept, tolerate, or at least not oppose the involvement of this third party. 1. There are many factors that influence whether mediator is accepted by parties. I am thinking of rapport, level of #trust ... preconceive ideas.. prejudices.. cultural (maybe even [[Social_Graces]] factors in therapy). Some prefer mediator who do not have any prior relationship with either parties, while some trust only the people they have worked before #rapport 3. Neutrality - To not take sides. Unbiased. (But also depends, parties may want someone who take sides, e.g Community values) 4. No authority to make a binding decision for disputants - Parties have to accept decisions themselves. 5. Intervention - “*to enter into an ongoing system of relationships, to come between or among persons, groups, or objects for the purpose of helping them. There is an important implicit assumption in the definition that should be made explicit: the system exists independently of the intervenor” (Argyris, 1970, p. 15). The assumption behind the value of a mediator's intervention is that a third party who is to a significant degree outside of the dispute will be able to alter the dynamics of an existing conflict relationship by influencing the beliefs, behaviors, negotiation procedures, and means of influence used by parties. Rubin and Brown (1975) have argued that the mere presence of a party who is independent of disputants may be a highly significant factor in the resolution of disputes."* 1. Indeed, similar #systemic stance as a family therapist - they enter into family systems, they are not PART of it. But during the therapy, they are influencing it. 6. Disputes and Conflicts - involves mental and emotional states. Parties in conflicts commonly use persuasion, pressure. Latent, emerging, or manifested. Which influences polarisation of views, intensities of expression, and strategies used. 1. Latent disputes - usually the stronger side did something that they are not aware that will cause conflicts on others (unidentified parties) 2. Emerging disputes - when parties are identified, disagreement are clear. Need to establish process to solve problem to prevent further escalations. 3. Manifest disputes - active and ongoing struggle. Strategies: Changing dispute, conflict resolution, intervene to break deadlock. 7. Improving relationships - To get parties into a *working relationship* 8. Enhancing Communications - improving how parties communicate needs, interests, preferred procedures with the goal of reaching a mutually acceptable understandings. Strategies - changing mode of forum, formats, procedures of communications. (Maybe this is the counselling skills of rephrasing, summarising, restating what was spoken..asking open ended questions. #counselling ) 9. Use of effective problem-solving and negotiation procedures - Mediator playing multiple roles. [[What roles does a mediator play]] 10. Reaching voluntary and mutually acceptable understandings or agreements - Although participants are free to accept or not accept. They are other pressures to try to reach an agreement, if not, the next step may be more difficult (escalation to court for example) # What are the Mediator tasks? The mediator's tasks are to assist disputants to identify, understand, and articulate their needs and interests to each other; identify mutually acceptable ways to address and meet them; negotiate an exchange of promises or tangible benefits that meet their standards of fairness; and redefine their relationship in a manner that is mutually acceptable. # How does Mediator influence if without power? The mediator's authority, such as it is, resides in his or her personality, personal credibility and trustworthiness, expertise in enhancing the negotiation process, experience in handling similar issues, ability to bring parties together on the basis of their own interests, past performance, or reputation as a resource person, and (in some cultures) his or her relationship with the parties. Authority, or recognition of the right to influence the outcome of a dispute, is granted by the parties themselves rather than by an external law, contract, or agency.