Abstract

http://ssrn.com/abstract=666642
 
 

Footnotes (44)



 


 



Achieving Wise Resolutions in Mediation


Virginia Michelle Obradovic


Wise Resolution, LLC; Conflict Resolution Alliance of Alabama

February 13, 2005


Abstract:     
Tremendous diversity exists among mediation practitioners and among theorists - which is probably for the best. Diversity among practitioners is desirable because it is mediation's response to the human dimension of conflict that makes it work so well. Mediation allows the participants to make decisions in the framework that works for them. The basis of a decision might be a sense of obligation or duty, rights or principles, application of objective standards, or a subjective view of justice. Alternatively, the basis of a decision might be preservation of personal relationships, compassion, compromise, empathy or concern for others. The mediator has the task of discerning what framework each party is using and then to design and execute a process that will allow those frameworks to shift towards each other, or to serve as an adapter between differing frameworks, taking input from one source and converting it in some way so as to produce an output the other party can receive. Therefore, mediators are necessarily as varied in their approach as the people served.

The Conclusion of this Article answers the question of how mediation assists the parties in achieving wise resolutions: The mediation process, when properly done, makes the wise resolution self-evident to parties committed to the concept of self-determination.

Number of Pages in PDF File: 16

Keywords: Ethics, Humanism, Wisdom, Self-Determination, Conflict Resolution, Mediator, Mediation, Negotiation, Advocacy, Decision-Making, Efficiency, Distributive, Integrative, Hybrid, Interests, Relationships, Resources, Problem-Solving, Principled, Win Win, BATNA

working papers series


Download This Paper

Date posted: February 14, 2005  

Suggested Citation

Obradovic, Virginia Michelle, Achieving Wise Resolutions in Mediation (February 13, 2005). Available at SSRN: http://ssrn.com/abstract=666642 or http://dx.doi.org/10.2139/ssrn.666642

Contact Information

Virginia Michelle Obradovic (Contact Author)
Wise Resolution, LLC ( email )
Birmingham, AL 35209
United States
2054147589 (Phone)
205-414-7400 (Fax)
HOME PAGE: www.wiseresolution.com
Conflict Resolution Alliance of Alabama ( email )
2100A SouthBridge Parkway, Ste. 650
Birmingham, AL 35209
United States
2054147589 (Phone)
205-414-7400 (Fax)
HOME PAGE: www.wiseresolution.com
Feedback to SSRN


Paper statistics
Abstract Views: 1,199
Downloads: 243
Download Rank: 70,727
Footnotes:  44

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.266 seconds