Achieving Formal Settlement

STAGE 12 Achieving Formal Settlement

• Identifying procedural steps to operationalize the agreement • Establishing an evaluation and monitoring procedure

• Formalizing the settlement and creating an enforcement and commitment mechanism. 8

Moore’s approach to mediation strikes us as being a bit too complicated and somewhat legalistic. Perhaps his approach to mediation is influenced by his work as an arbitrator. For example, Moore spends a lot of time preparing for mediation, collecting information and insights into the conflict, verifying the accuracy of the data, and working to minimize the impact of inaccurate or unavailable information (Stage 3 in his process).

His attention to detail and the complexity of his approach suggest a much lengthier and more expensive process than the two models outlined earlier. Two of mediation’s redeeming features are: (1) it’s ability to “cut to the heart of the conflict” rather quickly with a minimum of time lost in the process; and, (2) the relative inexpensive nature of the service when compared to alternatives. A faithful replication of Christopher Moore’s approach might negate those two important attributes of mediation.

Perhaps you are wondering why we include his model based on these cautionary notes. We also believe he calls attention to some issues we would encourage you to build into any mediation activity. For example, Stage Five of his proposed process deals with building trust and cooperation. While all models imply these attributes, Moore is quite specific in his concern for these conciliatory endeavors.

Before closing the door on this discussion of mediation, we want to draw on one more mediation specialist. J. Haynes believes those experiencing conflicts often find difficulty agreeing on what the problems are that have caused the Before closing the door on this discussion of mediation, we want to draw on one more mediation specialist. J. Haynes believes those experiencing conflicts often find difficulty agreeing on what the problems are that have caused the

1. to locate areas of agreement on the problem;

2. to help the parties understand that their problem is not uniquely difficult and can be resolved; and

3. to concentrate on areas of common ground and get the parties to agree on the problem.

The three skills he uses to achieve these tasks are:

• Mutualizing. This is the process of feeding back to the parties in conflict issues, ideas, and concerns that are true for both of them. This reduces the levels of animosity and resistance to the possibility of a joint problem definition.

• Normalizing. This is offering statements about human experience that are relevant and similar to those of the parties in conflict. They are constant, gentle reminders that this is a real problem but not necessarily a difficult one.

• Selective summary. This is feeding back only the information, ideas, and issues from a dispute that the mediator believes will move the dispute toward resolution.

The application of these skills requires the mediator to have a clear understanding about the common ground those in dispute are sharing. This means extensive inquiries by the mediator before encouraging dialogue between them. 9