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Encyclopedia > Party directed mediation

Party directed mediation is a mediation approach that seeks to empower each party in a dispute, enabling them to have more direct influence upon the resolving a conflict by offering means and processes for enhancing the negotiation skills of contenders, with the intended prospect of improving upon their ability and willingness to deal with subsequent differences. Mediation in legal terminology, comprises an act of bringing two states, sides or parties in a dispute closer together toward agreement through alternative dispute resolution, a dialogue in which a (generally) neutral third party, the mediator, using appropriate techniques, assists two or more parties to help them negotiate an agreement... Empowerment refers to increasing the political, social or economic strength of individuals. ... It has been suggested that Adjudication be merged into this article or section. ...


The concept behind party directed mediation, depending upon the degree to which a case lends itself, is that if and when parties wish to spend the time to acquire the skills necessary to become more effective negotiators, then they can be empowered to achieve a self-directed resolution. The concept is most effective for disputants who wish to have a greater hand in resolving their own conflicts.


Party directed mediation is of special value where individuals or parties will continue to have ongoing interactions, as well as for conflicts with significant interpersonal aspects. As people become more talented negotiators, through adoption of enhanced negotiation skills, they tend to deal more effectively with conflict. This page meets Wikipedias criteria for speedy deletion. ...

Contents


Essential elements

Two of most salient elements of party directed mediation generally are:

  • A pre-caucus or pre-mediation meeting between the mediator and each of the parties prior to the joint session, and
  • A 'joint session', where parties face each other and speak directly to each other, rather than through the mediator

In some instances, the pre-caucus may be so effective that parties go on to solve their conflict without a mediator. In fact, from day to day most people manage to resolve most of their conflicts without a mediator. There are times, however, when mediators are very much needed. Media:Example. ... For other uses, see Mediation Mediator is a book series written by Meg Cabot. ...


Pre-caucus

In the pre-caucus, the mediator meets with each party separately, away from other parties, before they are ever brought together into a joint session. The purpose of the pre-caucus is to help each party release their pent up concerns enough to enable them to gain a broader perspective, and to prepare the parties to pursue their own agenda in the ensuing joint session. This is not to say that parties may not be challenged by the mediator, but rather, that this is done after the individual is truly heard in an empathic way.


Joint session

In the joint session, individuals are situated so they sit face to face in order to address each other directly, rather than through the mediator. To enhance this delegation of responsibility, clients sit facing directly across a table from each other, while the mediator sits at a distance from both. This assures that both parties must address each other, directly. Parties often must be reminded that the mediator is there to help the parties take responsibility for managing their own conflict, rather than to judge between the merits of the position of one party or the other.


Concept origins

In party directed mediation, the principle concept parallels the techniques used in client centered therapy, originally developed by Carl Rogers, in that the roles of each party are critical to the mediation process.[1] The role of the mediator is primarily to be a good listener and coach, thereby allowing the parties involved to have free reign over the specific steps taken toward resolving a conflict. It has been suggested that Client-Centered Therapy be merged into this article or section. ... Carl Ransom Rogers (January 8, 1902 – February 4, 1987) was an influential American psychologist, who, along with Abraham Maslow, was the founder of the humanist approach to psychology. ...


See also

This article is in need of attention from an expert on the subject. ...

External links

Mediation Gregorio Billikopf Gregorio Billikopf (born September 23, 1954, Santiago, Chile) is a mediator, author, and since 1981, a farm advisor, specializing in labor management, for the University of California, Davis. ... The University of California, Berkeley (also known as UC Berkeley, Berkeley, Cal, and by other names, see below) is the oldest and flagship campus of the ten-campus University of California system. ... Mediation in legal terminology, comprises an act of bringing two states, sides or parties in a dispute closer together toward agreement through alternative dispute resolution, a dialogue in which a (generally) neutral third party, the mediator, using appropriate techniques, assists two or more parties to help them negotiate an agreement...



 

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