MEDIATORS IN COMMUNITY DISPUTES - WHO ARE THEY? AND WHAT DO THEY DO?

• NCJ Number: 67517
• Author(s): R W HAUGHTON; D H WATSON; G W CORMICK
• Date Published: 1971
• Length: 81 pages
• Corporate Author: Automation House
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America
• Note: PAPER PRESENTED TO A CONFERENCE SPONSORED BY THE CENTER FOR MEDIATION AND CONFLICT RESULUTION ON JUNE 16, 1971, NEW YORK CITY (NY)

Annotation

THE APPLICABILITY OF LABOR-MANAGEMENT AND INTERNATIONAL CONFLICT RESOLUTION MODELS TO COMMUNITY DISPUTES AND THE ROLE OF THE MEDIATOR IN SUCH DISPUTES ARE DISCUSSED.

Abstract

STUDIES FOCUSING ON THE COMPARISON OF LABOR-MANAGEMENT DISPUTES WITH COMMUNITY DISPUTES HAVE INDICATED THAT WHILE THERE IS A GREAT DEAL OF SIMILARITY IN THE INTERPEFRSONAL SKILLS, THE ARENAS WITHIN WHICH THE TWO TYPES OF DISPUTES OCCUR ARE VERY DIFFERENT. IT IS SUGGESTED THAT THE ASSUMPTION OF THE TRANSFERABILITY OF THE LABOR-MANAGEMENT EXPERIENCE IS OFTEN DYSFUNCTIONAL. IMPORTANT DIFFERENCES WHICH ARE READILY PERCEIVED INCLUDE THE TRANSITORY NATURE OF MANY COMMUNITY DISPUTE ISSUES AND THE LACK OF A FRAMEWORK OF PRACTICES, RULES, LEGISLATION, AND EXPERIENCE WITH REGARD TO COMMUNITY SITUATIONS. CONCERNING INTERNATIONAL CONFLICTS, THE CONSENSUS IS THAT THE PRACTICE OF DISPUTE SETTLEMENT HAS NOT BEEN SO SUCCESSFUL THAT IT HAS MUCH TO OFFER PRACTITIONERS WHO DEAL WITH INTERNATIONAL AFFAIRS. A MAJOR AREA OF CONCERN FOR THE COMMUNITY DISPUTE INTERVENOR IS THE NEUTRALITY OF HIS POSTURE REGARDING THE SPECIFIC ISSUES INVOLVED. CASE STUDIES HAVE INDICATED SEVEN DIFFERENT FUCTIONAL ROLES WHICH HAVE BEEN PERFORMED BY THIRD PARTY INTERVENORS. THE 'LEGITIMIZER' PERFORMS THE FUNCTION OF ESTABLISHING THE RIGHT OF THE PROTESTING PARTY TO BE A PART OF THE NEGOTIATIONS PROCESS. THE FACILITATOR'S MAIN CONCERN IS TO CREATE AN ATMOSPHERE WITHIN WHICH MEANINGFUL NEGOTIATIONS MAY OCCUR. THE RESOURCES EXPANDER PROVIDES SOME BASIS FOR INTEGRATIVE BARGAINING BY OFFERING INCENTIVES TO CONFLICT RESOLUTION. THE ARBITRATOR PLAYS A ROLE ANALOGOUS TO THAT OF THE FACT FINDER IN A LABOR-MANAGEMENT RELATIONS CASE. THE ASSISTANT INTERVENOR IS LIKELY TO BE FOUND WHERE THE PROTESTING CONSTITUENCY IS UNORGANIZED, UNSOPHISTICATED, OR REQUIRES INFORMATIONAL INPUT. THE 'SCAPEGOAT' ROLE IS MENTIONED IN EVERY INDUSTRIAL RELATIONS TEXTBOOK, AND THE 'COOL OUT' ROLE SOMETIMES PLAYED BY THE INTERVENOR IS OF PARTICULAR CONCERN TO MANY BLACKS. APPENDIXES AND FOOTNOTES ARE INCLUDED.