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NCJ Number: 67517 Add to Shopping cart Find in a Library
Title: MEDIATORS IN COMMUNITY DISPUTES - WHO ARE THEY? AND WHAT DO THEY DO?
Author(s): R W HAUGHTON; D H WATSON; G W CORMICK
Corporate Author: Automation House
Ctr for Mediation and Conflict Resolution
United States of America
Date Published: 1971
Page Count: 81
Sponsoring Agency: Automation House
New York, NY 10021
National Institute of Justice/
Rockville, MD 20849
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: THE APPLICABILITY OF LABOR-MANAGEMENT AND INTERNATIONAL CONFLICT RESOLUTION MODELS TO COMMUNITY DISPUTES AND THE ROLE OF THE MEDIATOR IN SUCH DISPUTES ARE DISCUSSED.
Abstract: STUDIES FOCUSING ON THE COMPARISON OF LABOR-MANAGEMENT DISPUTES WITH COMMUNITY DISPUTES HAVE INDICATED THAT WHILE THERE IS A GREAT DEAL OF SIMILARITY IN THE INTERPEFRSONAL SKILLS, THE ARENAS WITHIN WHICH THE TWO TYPES OF DISPUTES OCCUR ARE VERY DIFFERENT. IT IS SUGGESTED THAT THE ASSUMPTION OF THE TRANSFERABILITY OF THE LABOR-MANAGEMENT EXPERIENCE IS OFTEN DYSFUNCTIONAL. IMPORTANT DIFFERENCES WHICH ARE READILY PERCEIVED INCLUDE THE TRANSITORY NATURE OF MANY COMMUNITY DISPUTE ISSUES AND THE LACK OF A FRAMEWORK OF PRACTICES, RULES, LEGISLATION, AND EXPERIENCE WITH REGARD TO COMMUNITY SITUATIONS. CONCERNING INTERNATIONAL CONFLICTS, THE CONSENSUS IS THAT THE PRACTICE OF DISPUTE SETTLEMENT HAS NOT BEEN SO SUCCESSFUL THAT IT HAS MUCH TO OFFER PRACTITIONERS WHO DEAL WITH INTERNATIONAL AFFAIRS. A MAJOR AREA OF CONCERN FOR THE COMMUNITY DISPUTE INTERVENOR IS THE NEUTRALITY OF HIS POSTURE REGARDING THE SPECIFIC ISSUES INVOLVED. CASE STUDIES HAVE INDICATED SEVEN DIFFERENT FUCTIONAL ROLES WHICH HAVE BEEN PERFORMED BY THIRD PARTY INTERVENORS. THE 'LEGITIMIZER' PERFORMS THE FUNCTION OF ESTABLISHING THE RIGHT OF THE PROTESTING PARTY TO BE A PART OF THE NEGOTIATIONS PROCESS. THE FACILITATOR'S MAIN CONCERN IS TO CREATE AN ATMOSPHERE WITHIN WHICH MEANINGFUL NEGOTIATIONS MAY OCCUR. THE RESOURCES EXPANDER PROVIDES SOME BASIS FOR INTEGRATIVE BARGAINING BY OFFERING INCENTIVES TO CONFLICT RESOLUTION. THE ARBITRATOR PLAYS A ROLE ANALOGOUS TO THAT OF THE FACT FINDER IN A LABOR-MANAGEMENT RELATIONS CASE. THE ASSISTANT INTERVENOR IS LIKELY TO BE FOUND WHERE THE PROTESTING CONSTITUENCY IS UNORGANIZED, UNSOPHISTICATED, OR REQUIRES INFORMATIONAL INPUT. THE 'SCAPEGOAT' ROLE IS MENTIONED IN EVERY INDUSTRIAL RELATIONS TEXTBOOK, AND THE 'COOL OUT' ROLE SOMETIMES PLAYED BY THE INTERVENOR IS OF PARTICULAR CONCERN TO MANY BLACKS. APPENDIXES AND FOOTNOTES ARE INCLUDED.
Index Term(s): Arbitration; Community conflict; Conflict resolution; Mediation; Negotiation; Neighborhood justice centers
Note: PAPER PRESENTED TO A CONFERENCE SPONSORED BY THE CENTER FOR MEDIATION AND CONFLICT RESULUTION ON JUNE 16, 1971, NEW YORK CITY (NY)
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=67517

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