In this chapter, Mediation as a process is described and introduced, much in the same way we do in a very abridged way in the beginning of a mediation session. The ideal role of the mediator as facilitator, empowerer, and face manager (not judge) is described. The benefits of mediation, including convenience, effectiveness, preventative nature, relationship preservation and redefinition, and confidentiality are discussed, if in a somewhat biased way. The types of mediation are also discussed. At the end of the chapter there is an interesting exercise which asks us the look at one definition of mediation, and to dismantle it in order to see what aspects of the process are lost when those definitive elements are removed.
Domenici, K., Domenici-Littlejohn, & Littlejohn, S. W. (2001). Mediation: Empowerment in Conflict Management, Second Edition. (2nd), 198. Waveland Press.
Personal experiential influence:
Mediation: A confidential, voluntary process where a neutral third party facilitates negotiation between two or more parties with mutually acceptable agreement as one possible outcome (Domenici, et al., 1991, p. 43).
Without confidentiality, mediation could be embarrassing, fear generating, or hurtful to disputants.
Without being voluntary, mediation generated agreements might be less likely to hold.
Without neutrality, the mediator could have a powerful influence on outcomes they themselves want.
Without facilitation, mediation could degrade into chaotic name calling.
Without all parties present, mediation could reinforce barriers between disputants.
Without mutually acceptable agreements, they will be less likely to be actually agreed to by all parties.
With mandated agreements, disputants might be unwilling to accept outcomes.