NCJ Number
107525
Journal
Mediation Quarterly Issue: 16 Dated: (Summer 1987) Pages: 53-63
Date Published
1987
Length
11 pages
Annotation
Mediators need to recognize and respond effectively to situations in which a disputant makes a move that appears designed to challenge the mediator's authority, is undermining the process of the other party, or indicates that the disputant may not be bargaining in good faith.
Abstract
These tactics imply an intent to gain an unfair advantage. The mediator must first determine the intent and then decide on a response strategy. Some strategies are to channel the disputant back to the mediation process and exercise control, to remind the parties of their commitment to the ground rules, and to confront the inappropriate behavior directly. Other strategies are to refuse to back down or be intimidated, to acquiesce to throw an attacker off balance, and to maneuver around the subterfuge. Additional approaches are to refer disputants to outside resources like attorneys and accountants; to control the format, agenda, and timing to reduce the intended effects of unfair strategems; and to give the disputants a choice of using the mediation process appropriately, continuing the conflict, and finding another arena to resolve it. Mediators typically use multiple responses when parties seem more interested in dirty tricks than in bargaining in good faith. Mediators must also recognize when an apparent 'dirty trick' actually represents a party's psychological unwillingness to mediate. Preemptive interventions, especially at the outset of the mediation, can help prevent dirty tricks.