NCJ Number
102444
Journal
Mediation Quarterly Issue: 13 Dated: (Fall 1986) Pages: 61-68
Date Published
1986
Length
8 pages
Annotation
This paper defines 'muscle' mediation from the perspective of Lonergan's (1967) cognitional theory, considers whether mandatory mediation violates the spirit of mediation, and discusses whether abused wives should participate in mediation. (1967) cognitional theory, considers whether mandatory mediation violates the spirit of mediation, and discusses whether abused wives should participate in mediation.
Abstract
'Muscle' mediation involves mediators' injecting of forcefulness, conviction, persuasion, and influence into the mediation process. Lonergan's cognitional theory helps in understanding the forceful role of the mediator. Knowing, according to Lonergan, consists of experiencing, understanding, and judging. In the early phases of mediation, the mediator judging. In the early phases of mediation, the mediator firmly solicits the parties' data of experience surrounding the dispute; this evolves into the second phase of knowledge, as the mediator directs the parties into understanding, inquiry, and analysis. In the third phase of knowing, i.e., judging, the mediator backs off from a forceful role and lets the parties decide how they will resolve the issues. Mandatory mediation, which some States require in child custody disputes, does not violate the spirit of mediation when viewed from the foregoing perspective. Mandatory mediation only requires that the disputants submit to the mediator's guidance in identifying experience data and analyzing it. Judgments in the dispute are left entirely to the parties. Abused wives are viewed by some as incapable of participating in mediation because of the intimidation of the abusing spouse. An empowering mediator, however, who meets separately with the abused wife, can help her to assert her will in the judgment stage of mediation. 14 references.