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NCJRS Abstract

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NCJ Number: 97637 Find in a Library
Title: Matching Readiness and Willingness to the Mediator's Strategies
Journal: Negotiation Journal  Volume:1  Issue:1  Dated:(January 1985)  Pages:79-92
Author(s): J M Haynes
Date Published: 1985
Page Count: 14
Format: Article
Language: English
Country: United States of America
Annotation: This paper classifies the various levels of willingness and ability of disputants in divorce mediation and identifies specific mediator strategies for dealing with these differences.
Abstract: Willingness is divided into a range of four broad categories: over-eager, willing, reluctantly accepting, and unwilling. A person's ability to participate in mediation can similarly be divided into four broad categories: capable, competent, some ability, and low ability. The level of ability in accomplishing the tasks required in a mediated divorce is shown to determine the amount and level of mediator involvement. The mediator's skill in measuring each spouse's ability at each stage of the process and determining strategies appropriate to the client's level at that stage is determined to be one key to a successful mediation. Because couples are rarely at the same ability levels, a set of 10 different combinations of ability is identified. Additionally, the couple's level of willingness is shown to determine the amount of time the mediator must spend on relational strategies. A typology is presented to identify and categorize the couple's willingness to do the work required, to be independent, to make decisions and take risks, to be single and possibly a part-time parent, as well as to willingly divorce. The movement flow between the couple's willingness and ability is addressed; attention is focused on the mediator's ability to know what aspect to work on and to what extent. Finally, the ability and willingness ranges are combined, revealing the optimal mediating area. Four figures are included.
Index Term(s): Alternative dispute settlement; Divorce mediation; Mediation; Mediators; Negotiation
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