Mediating Interpersonal and Small Group Conflict. Cheryl A. Picard
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to resolve public policy and environmental issues, landlord-tenant and congregational conflicts, farmer-lender negotiations, international and cross-cultural conflicts, and medical malpractice suits. Although it could be more widely used, mediation is not a panacea. It should not be used when one party appears to be more interested in winning than collaborating, when the interests of one party cannot be fully represented, or, when one party would be placed in danger through his or her participation. Mediation should also not be used as a substitute for therapy or counseling, as a coercive means to an end, as a substitute for the proper exercise of authority, when competent mediators are unavailable, when power should not – or cannot – be balanced, or, when the goal is repressive. A useful caveat to remember is that “parties who participate in mediation should never leave worse off than when they came”. Knowing when to use mediation and for what purpose is critical to the successful resolution of disputes.
The Process of Mediation
Mediation processes differ widely. Common to most is that outcomes are consensual, rather than imposed, and that solutions are fashioned by the parties themselves through a process of direct negotiation. It is important that mediation be flexible and able to meet the needs of particular individuals and situations. This means that the more commonly used Western model of mediation described in this book may not always be appropriate, especially in cases involving cross-cultural and intercultural disputes. This has become evident in recent research which shows that people of colour fare poorly in comparison to their white counterparts in mediation, except in cases where the mediators are of the same ethnic group (LeBaron, 1997). Mediators must be both flexible and skilled enough to recognize when the mediation process requires adaptation.
Mediation has three distinct phases. It has a beginning, where the issues and key parties to the conflict are identified; a middle, where the needs and concerns underlying parties’ demands and positions regarding the issues are explored; and an end, where options to resolve the issues and meet underlying needs are generated, evaluated, and agreed upon. Prior to beginning a mediation it is the general practice to conduct an intake or pre-mediation assessment to determine if mediation is appropriate and to educate the parties about the process.
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