NCJ Number
116029
Journal
Ohio State Journal on Dispute Resolution Volume: 4 Issue: 1 Dated: (1988) Pages: 47-64
Date Published
1988
Length
18 pages
Annotation
Lawyers who function as mediators need to avoid becoming part of the client conflict and therefore should use a four-step process to manage engagement and to maintain the distance necessary for effectiveness.
Abstract
The mediator needs reliable information from clients, who provide this information through the conflict process. However, approaching conflict too closely distorts the information needed to manage the conflict although it is difficult for the lawyer-mediator to maintain the appropriate distance and avoid engagement, but it is possible. The first step is the use of systems analysis to sensitize the mediator to how conflict manifests itself. Second, mediators should learn their own weaknesses to reduce their susceptibility to engagement. Third, the mediator needs to recognize the signs of engagement. Finally, mediators should know how to remedy becoming engaged in the conflict. They can then plan to refocus on the presenting conflict and manage it, thereby resolving the disputants' problems. Legal and mediation training should include a study of systems theory. Lawyer-mediators should be trained to use introspection to verify what has been observed, to be aware of their reactions in naturalistic settings, to use feedback as a technique to reduce subjectivity, and to reflect on their own experiences. 80 footnotes.