NCJ Number
96996
Date Published
1984
Length
6 pages
Annotation
The mediation process in general and the mediator's role in corporate disputes are discussed.
Abstract
The mediator/intervenor may be a person with or without clout: President Carter at Camp David is described as an intervenor with clout. Further, domestic dispute resolution is described as laying the groundwork for some inventive mediation techniques. Parents often mediate disputes between children; family counselors mediate disputes between family members; and psychiatrists mediate disputes between divided selves. The activities of the mediator as intervenor are considered, including scheduling and moderating meetings, maintaining rules of civilized behavior, facilitating informational exchanges, clarifying interests and views, and assembling experts who can assist in eliciting the facts. Further, the experienced mediator is skilled in devising compensatory strategies to help the losers. Thus, the mediator/intervenor is a problemsolver who seeks joint gains by probing differences in viewpoints. Ways of focusing clients when there are many diverse and conflicting interests are considered, and the intervenor is encouraged to recommend a single negotiating text and to research the literature on 'fair divisions.' Suggested bargaining guidelines encourage the mediator to recognize the mutuality of interests, remain flexible, and maintain confidentiality. Additionally, lawyers are urged to substitute evidence for truth and to avoid 'selling' to the mediator. Finally, the Taft-Hartley Act's requirement that the Federal Mediation Service offer its mediation services is concluded to be an essential ingredient in mediated labor disputes.