THE ROLE AND THE TECHNIQUES USED BY THE MEDIATOR IN THE MEDIATION PROCESS
Journal Title: Challenges of the Knowledge Society - Year 2011, Vol 1, Issue 0
Abstract
The present work aims to emphasize the complexity of the mediator’s activity during the mediation process, as an extra – judicial alternative dispute resolution methodology. Different mediation schools have launched different mediation models in terms of theoretical and practical approach of the matter. So one can note on brief the facilitative, the evaluative, the transformative and the narrative mediation, for example. It is not our goal to praise one of the above mentioned paradigms or to suggest a hierarchy among them. We think that each of these models is valuable and has a potential utility. The most important achievement is to solve the conflicts and to obtain the parties’ agreements, based on mediation generated solutions. It seems in this respect that different mediation models fit differently in solving specific cases. To reach the solutions of their conflict, the parties have to follow the mediator through a difficult and complicated route. It can be made easier by the mediator himself if he adapts his role and techniques according to the specifics of the parties and of the case. We assume that he can be more efficient if he will use a proper role from an appropriate model for a definite and concrete conflict or type of conflict. Even he may try to play a multiple role, changing its characteristics dynamically as the mediation process flows. The present work identifies some of the key roles that can be played by the mediator during the mediation process. Only based on these we can select, explain and analyze the specific or common techniques used by a mediator. Our point is that for his new case the efficient mediator must be flexible, knowledgeable and able to decide, select and perform a dedicated role or roles, same time or successively, and accordingly and dynamically use the adequate mediation techniques, which will be also summarized.
Authors and Affiliations
SEPTIMIU STOICA
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