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Subprocesses of Negotiation - The Case of Community Mediation (From Pretrial Services Annual Journal, Volume 5, P 134-149, 1982, Elizabeth Gaynes, ed. - See NCJ-89690)

NCJ Number
89698
Author(s)
J Palenski; N M Sugrue
Date Published
1982
Length
16 pages
Annotation
The paper examines the structure, format, and dynamics of the mediation session and two major categories of negotiation subprocesses ('defusing' and 'repairing'). The analysis is based on data collected over a 6-month period at the Suffolk Community Mediation Justice Center Program (New York).
Abstract
Each session includes the complainant, respondent, and two mediators. A session has both public and private caucuses. The goal of every mediation session is successful conflict resolution. Four dimensions in mediation may make a session problematic in reaching compromises and an agreement: mediation is voluntary and can be halted at any time by either party; sessions may be threatening or embarrassing due to the personal, private behavior that often is exposed; sessions may be volatile; and sessions are unpredictable. In order for the mediation process to be successful, mediators must adopt appropriate coping strategies, often in the form of tradeoffs, deals, and accommodations toward participants. Two categories of subprocesses are used. The first, 'defusing a potential crisis,' requires the mediator to define the ongoing situation as one leading to a crisis or breakdown in mediation. The mediator heads off the potential crisis by redirecting the interaction. In the second category, 'repairing a crisis,' the mediator must regain a measure of control over a situation in which either the respondent of complainant has gained control. Specific strategies used in both these situations are detailed. Observations of those involved in mediation and 14 footnotes are provided.