NCJ Number
242160
Journal
Alaska Justice Forum Volume: 29 Issue: 3-4 Dated: Fall 2012/Spring 2013 Pages: 1,9,12
Date Published
2013
Length
5 pages
Annotation
This article describes the need for integrating different approaches to mediation.
Abstract
Mediation is process used the courts to settle disputes outside the traditional court litigation system. To date, no specific approach to mediation has been labeled as being the best or the most effective. This article discusses several different approaches to mediation, the need to integrate these different approaches, and the need to develop a set of ethics based on an integrated approach to mediation. There are several different approaches to mediation: evaluative, which focuses on providing an assessment to the parties; facilitative, which focuses on assisting the parties in identifying and recognizing their goals; narrative, which focuses on discovering the story behind the dispute and establishing a shared understanding of it; and transformative, which focuses on assisting the parties involved in the dispute to feel recognized and empowered to resolve it. Over the years, these different approaches have become entrenched and institutionalized, leading to mediators denigrating and marginalizing approaches used by their colleagues. This article discusses the need for an integrated approach to mediation, using a plurality of approaches in order to produce more options and better results for clients. This need is underscored by the development of Standard IX of the jointly-adopted mediator ethics code of the Association for Conflict Resolution, the American Bar Association, and the American Arbitration Association. Using this standard, mediation should be looked at as a reflexive practice in which mediators use their own experiences and observations to determine the best approach for working with each client. This standard also needs to be considered in developing a code of ethics for mediators, especially in terms of two areas: the impartiality and the neutrality of the mediator. Table and a list of mediation resources