Mediation

The Dynamics of Conflict Resolution

Bernard Mayer

เสนอ

รองศาสตราจารย ดร.สมหิรา จิตตลดากร

นางสาวเยาวลักษณ ชาวบานโพธ์ิ

รหัสประจําตัว 5719860013

What Mediators Bring to the Table

What Disputants Want from a Mediator

The Premises of Mediation

What Mediators Do

When Mediation Works and When It Fails

What is Mediation?

An attempt by two parties to resolve their differences or dispute.

Assisted by a neutral third party.

Purpose is to resolve a conflict and create an agreement.

Does not replace the judicial system.

Mediation proceedings are confidential and private.

A mediator only advises, only suggest.

The resolution is up to the two parties using a signed, written agreement.

Informal process.

No judge or jury, no arbitrator.

All parties must agree to the process, usually with a signed mediation

agreement.

What Mediators Bring to the Table

Mediation is an approach to conflict resolution

They alter the structure of the interaction

They bring their personal commitment, vision,

and humanity to the interaction

They bring a set of skills and procedures

They bring a set of values and ethics.

What Disputants Want from a Mediator

desire for the mediator to help them achieve a good

outcome.

They want mediators to be outcome focused and to commit

to arriving at a settlement.

disputants often want mediators to hear their point of view

and then convince everyone else involved that they are right

and should get their way

They bring a set of values and ethics.

The Premises of Mediation

Disputants need help (and can benefit from it). A

conflict goes to mediation because the parties feel

they need help to arrive at a satisfactory outcome.

Why not go straight to a third-party decision maker

Process is important.

possible for a third party to be attentive to

potentially competing interests.

What Mediator Do

Mediators Assess Whether and How to Intervene in a Conflict

Mediators Create or Redesign an Arena for Communication and Negotiation

Mediators Get Parties to Participate

Mediators Manage Emotions and Communication

Mediators Explore Needs at a Useful Level of Depth

Mediators Encourage Incremental and Reciprocal Risk Taking

Mediators Encourage Creativity

Mediators Help People Think Through Their Choices

Mediators Apply Appropriate Amounts of Pressure

When Mediation Works and When It Fails

that successful mediations do not necessarily end in agreements

that failed mediations sometimes do.

Mediation is a powerful intervention.