Vibeke Vindeløv REFLEXIVE MEDIATION WITH A SUSTAINABLE PERSPECTIVE DJØF PUBLISHING

Transkript

1 Vibeke Vindeløv REFLEXIVE MEDIATION WITH A SUSTAINABLE PERSPECTIVE DJØF PUBLISHING

2 Reflexive mediation with a sustainable perspective

3 The Chinese view of conflict or crisis is dialectic. A crisis has both a beginning and an end; it contains dangers as well as opportunities, and this is shown in the Chinese character for 'crisis', which is composed of the characters for both these concepts. Our word 'crisis' is derived from the same word in Greek crisis, meaning decision, judgement.

4 Vibeke Vindeløv Reflexive mediation with a sustainable perspective Translated by Steven Harris DJØF Publishing 2012

5 Vibeke Vindeløv Reflexive mediation with a sustainable perspective Translated by Steven Harris 2012 by DJØF Publishing Jurist- og Økonomforbundets Forlag All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the Publisher. Print: Narayana Press, Gylling Binding: Jysk Bogbind, Holstebro Printed in Denmark 2011 ISBN Sold and distributed in Scandinavia by: DJØF Publishing Copenhagen, Denmark forlag@djoef.dk Sold and distributed in North America by: International Specialized Book Services (ISBS) Portland, USA orders@isbs.com Sold in all other countries by: The Oxford Publicity Partnership Ltd Towcester, UK djof@oppuk.co.uk Distributed in all other countries by: Marston Book Services Abingdon, Oxon, UK trade.orders@marston.co.uk

6 Table of contents Foreword Whom does this book address? The structure of the book and how it should be used Chapter 1. Conflict mediation with a reflexive approach an introduction Chapter 2. Underlying values and assumptions I. Values and assumptions Individuality and relations Mutual interdependence leads to shared responsibility II. Paradigms III. Short descriptions of the six well-known models a. The problem-solving, settlement-focused model b. The cognitive model c. The transformative model d. The narrative model e. The humanistic model f. The organic model IV. The reflexive model Part 1. Key concepts for mediation Chapter 3. An overview I. The basic principles of mediation II. Definition of conflict mediation III. Structure and flexibility IV. The conduct of the meeting

7 Chapter 4. Conflicts and their escalation Introduction I. The concept of conflict Conflicts in context Reactions to conflict II. The cycle of conflict and the ripe moment III. The dimensions of a conflict IV. Psychological factors in a conflict V. Escalation Step 1: Disagreement The interface of conflict Step 2: Personification Step 3: The problem grows Step 4: Dialogue is abandoned Step 5: Images of hostility Step 6: Open hostility Step 7: Polarisation VI. The language of escalation and de-escalation ( Me -oriented language and seeing things from our own standpoint) Chapter 5. Truth, dialogue and culture I. Truth II. Contact III. Empathy IV. Dialogue V. Intercultural aspects Chapter 6 Active listening and movement in communication I. Positions, interests and needs Interests Needs III. Facts and feelings IV. Communication

8 Chapter 7. Negotiation I. The negotiation minuet II. Different negotiating strategies The competitive negotiator: meeting fire with fire The co-operative negotiator: Who risks making concessions The problem-solving negotiator: firm on the case and open to the person The Tit-for-Tat Strategy III. Effective negotiation requires preparation IV. Negotiating strength V. BATNA VI. Causes of failed negotiations Chapter 8. Voluntariness and confidentiality I. Voluntariness II. Confidentiality Chapter 9. Neutrality and impartiality I. Understanding the concepts II. Neutrakty in international conflicts III. The manager as mediator Chapter 10. Power and justice I. Introduction II. Power Distinations in power III. Power in mediation IV. Justice The concept of justice b. Justice in the courts and in mediation Chapter 11. Reconciliation I. Trust and reconciliation II. When is reconciliation relevant? an individual perspective III. The basis for reconciliation IV Reconciliation in a societal context

9 Chapter 12. Mediation in international conflicts and the link between major and minor conflicts I. Introduction II. The link between international conflicts and individual conflicts III. Explanation of concepts IV. Differencer between the micro and macro level Escalation Neutrality Difficult negotiations V. The solution of international conflicts VI. Dilemmas over the choice of form of conflict resolution VII. The traditional and the new paradigms in international conflicts Chapter 13. Ethics and liability I. The expert and the reflective practitioner Discussion The reflective practitioner II. Ethics a. Standards for the professional conduct of mediators b. Professional ethics c. The mediator s personal ethical standards III. Mediators liability Part 2. A practical step by step description of mediation Chapter 14. Before the meeting I. The initiative for mediation II. What kinds of conflict are suitable for mediation? III. Consent to mediation IV. What information should the mediator have? V. Who should take part in mediation? VI. Payment VII. Where and when? VIII. Physical preparations IX. Mental preparations X. One or more mediators? XI. Mediation in groups multiparty mediation

10 Chapter 15. Stage 1: Opening The first joint meeting I. Creating a good atmosphere II. Welcome, seating and presentation III. Information about the mediation process, rules of conduct Chapter 16. Stage 2: The submissions of the parties and dialogue I. How to reveal the underlying interests and needs of parties in conflict? Power in mediation How the mediator involves the question of justice Separate meetings (Caucuses) Often mentioned reasons for use of separate meetings: II. Who, where and how III. Confidentiality in separate meetings IV. The transition from separate meetings to a joint meeting V. Manipulation and separate meetings VI. Aids for the mediator Chapter 17. Stage 3: Defining the problem areas and setting the agenda Chapter 18. Stage 4: Generating possible solutions I. Brainstorming II. How to help the parties on their way III. Separate meetings Chapter 19. Stage 5: Negotiating the agreement I. Introduction II. Aids for the mediator in the negotiating phase a. Start with the easiest and change b. Look at the agreement as a whole c. Distinguish between the person and the argument d. Summarising, breaks, focus on the future e. Help the parties consider the best alternative f. Reality testing g. Point of despair h. Moderating high expectations i. Parties in deadlock

11 j. Single text procedure k. Legal concerns Chapter 20. Stage 6: The agreement must be checked and approved I. Formalising the agreement II. Writing down the agreement III. The good agreement IV. The conclusion of the mediation Chapter 21. After the meeting I. Implementation II. The mediator s own post-mediation conduct Chapter 22. The parties do not keep to the agreement Chapter 23. Problematic mediations I. Characteristics of mediations which do not result in agreement a. Lack of motivation b. The absence of the real decision-maker c. Negative atmosphere d. Unpopular agreements II. Tips for tackling difficult situations Chapter 24. Lawyers and other professional advisers in mediations I. Clarification of roles II. Conflicts of interest III. Professional brotherhood Postscript. Mediation in the Nordic countries past, present and future Conflict as Property

12 Annexes Annex A Annex B Annex C Annex D Litterature Index Figures Figure 1. The metaphor of the iceberg Figure 2. Paradigms Figure 3. The circular process of escalation, with action and psychological reaction Figure 4. The conflict ladder Figure 5. The mountains of positions Figure 6. Hierarchy of interests and needs Figure 7. The connection between facts and feelings Figure 8. Double acknowledgement Figure 9. Zero-sum negotiation Figure 10. The problem-solving negotiation Figure 11. ABC triangle Figure 12. Expanded ABC triangle Figure 13. Different settlements following wars and civil wars Figure 14. Riskin s Grid Figure 15. Seating for a mediation meeting