NCJ Number
43961
Date Published
1977
Length
18 pages
Annotation
THE CONCEPTS OF MEDIATION EXPLORED BY AN ALTERNATIVE DISPUTE SETTLEMENT PROGRAM IN FLORIDA ARE DISCUSSED.
Abstract
THE CITIZENS' DISPUTE SETTLEMENT CENTER OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IS DESIGNED TO INTERVENE EARLY IN INTERPERSONAL RELATIONS THAT HAVE A HIGH RISK OF DETERIORATING INTO VIOLENCE. THE PRIMARY PURPOSE OF THE PROGRAM IS TO ALTER THE DIRECTION OF SUCH RELATIONS AWAY FROM PERSONAL INJURY AND TOWARD A POSITION OF NEUTRALITY OR, PREFERABLY, MUTUAL UNDERSTANDING AND ACCEPTANCE. THE PROGRAM IS CONCERNED WITH PERSONS WHO FREQUENTLY DEAL WITH ONE ANOTHER AND WHO FIND THEIR DEALINGS EXPLOSIVE. PROMPT MEDIATION IS AN INTEGRAL PART OF THE PROGRAM'S APPROACH. MUCH OF THE PROGRAM'S SUCCESS DEPENDS ON THE CHARACTERISTICS OF THE PERSON CHOSEN TO ACT AS MEDIATOR. THE EFFECTIVE MEDIATOR MUST BE EXPERT IN HUMAN RELATIONS, ABLE TO MAKE GOOD EYE CONTACT WITH CLIENTS, AND EASILY LIKED BY CLIENTS. MEDIATION MAY BE SAID TO WORK BECAUSE ITS GOAL IS DECISIONMAKING BY PARTICIPANTS. HOWEVER, MEDIATION MUST INCLUDE CERTAIN ELEMENTS (E.G., POSITIVE REGARD OF EACH PARTICIPANT FOR THE MEDIATOR, AND VICE VERSA) BEFORE THE PROPER DECISION CAN BE REACHED. TRAINING OF MEDIATORS SHOULD INCLUDE NOT ONLY PRESENTATIONS ON CRISIS INTERVENTION, PSYCHOPATHOLOGICAL BEHAVIOR, LEGAL INFORMATION, COMMUNITY RESOURCES, AND CODES OF ETHICS, BUT ALSO INFORMATION ON THE PROCESS OF MEDIATION AND ON FACTORS THAT CONTRIBUTE TO SUCCESSFUL MEDIATION. RESEARCH INTO ALTERNATIVE THEORETICAL FRAMEWORKS FOR EXAMINATION OF MEDIATION IS NEEDED. TWO APPROACHES SHOULD BE CONSIDERED: THE 'GESTALT' APPROACH, WHICH VIEWS THE INDIVIDUAL AS THE PRIMARY ENTITY AND DEALS WITH INTERPERSONAL PROBLEMS IN TERMS OF THE INDIVIDUAL'S MISUNDERSTANDING, DEFICIENCIES, OR LACK OF AWARENESS; AND THE STRUCTURAL APPROACH, WHICH EMPHASIZES ENVIRONMENTAL EFFECTS ON INTERPERSONAL RELATIONSHIPS. THE COMPONENTS OF EACH APPROACH ARE OUTLINED.