Risks of obstacle for the success of mediation

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In order to facilitate learning and strengthen a dynamic process, several risks of obstacles for the success of mediation have been identified and classified in three categories. Some are related to emotional aspects, others are more associated with reason and logic and the third ones are related to action, achievement and result.

Apart from contexts of conflictual dynamic, these conducts may imply no relational drift, although... But within conflictual contexts, these three elements are ingredients of the overbid.

The mediator accompanies the reflection of people who have chosen to decide by themselves -through mediation- how to resolve their disputes rather than to assign that responsibility to judges or arbitrators.

Contents

[edit] Type of Risk: Suspicion or Interpretation of Other’s Intentions

It is a matter of thinking for or instead of the other, to suspect the other to have a specific will or desire, or in some other words: to interpret other’s intentions.

  • To affirm that we know what the other wanted or wants to do; to guess;
  • To ascribe in pure hypothesis of the conflict specific ideas, intentions or deliberate dynamics to the other party;
  • Malevolence;
  • Lies;
  • i.e.: to say that we know that the other thinks...
  • To compliment;
  • To say that the other exerts pressure;
  • To flatter;
  • To be humorous, ironic or sarcastic;
  • To despise or scorn;
  • To mock;
  • To distrust or mistrust;
  • To suspect;
  • To show fright, anxiety or fear.

[edit] Type of Risk: Interpretations or Judgments

  • To accuse;
  • To assert a better and personal change while implying that the other does not change;
  • To amalgamate;
  • To analyze, to psychoanalyze;
  • To argue;
  • To standardize;
  • To conclude;
  • To advise;
  • To contest the coherence, logic or legitimacy of the other;
  • To criticize;
  • To divert attention, to change the subject, to locate the cause elsewhere;
  • To devalue or depreciate;
  • To exaggerate;
  • To judge;
  • To justify;
  • To imply;
  • To generalize;
  • To induce or add information;
  • To insult;
  • To interpret, to infer;
  • To reverse responsibilities;
  • To play with words or in words;
  • To systematically doubt;
  • To minimize;
  • Non-recognition;
  • To claim legitimacy only for oneself.

[edit] Type of Risk: Constraint

A clear definition of what is really constraining or experienced as such enables people in mediation to consider a solution different from the one they might have developed due to their operation strategies.

  • Not be willing to change solution;
  • To stay fixed on his ideas;
  • To remain on his viewpoint;
  • To propose several solutions while the other party has only one;
  • To dismiss oneself, to declare oneself incompetent or unable to make, act or decide;
  • To threaten;
  • To rebel;
  • To submit;
  • To escape;
  • To give up;
  • To say nothing;
  • To hide or dissimulate;
  • To impose the desire or the non-desire;
  • To impose an action or a non-action.

[edit] Use

You have noticed that incompetence led people to tell others what to do and how to behave during mediation. The work of the professional mediator is to facilitate from each party the emergence or the stating of principles, rules, modalities, ways and behaviors that define the quality of communication and relation whose mediator will be the guarantor during mediation.

[edit] Autor

Jean-Louis Lascoux

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