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Comparison of Mediation Models

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Jay Folberg and Alison Taylor describe a mediation process that includes the following stages: (1) Introduction - creating trust and structure, (2) Fact finding and isolation of issues, (3) Creation of options and alternatives, (4) Negotiation and decision making, (5) Clarification and writing a plan, (6) Legal review and processing, and (7) Implementation, review and revision (1986, p. 32). Roger Fisher and William Ury approach mediation from a slightly different angle with their "principled negotiation process," which consists of (1) separate the people from the problem, (2) focus on interests, not positions, (3) invent options for mutual gain, and (4) insist on objective criteria. This paper compares the two mediation models.

The first two stages of Folberg & Taylor's and Fisher & Ury's models roughly correspond with each other. In the first stage of Folberg & Taylor's model, the mediator assesses the participants' attitudes about the mediation and their willingness and readiness to proceed (1986, p. 39). The mediator gathers information about the conflict and the participants' expectations regarding possible solutions. Particularly important here is the mediator's ability to determine the communication styles and emotional states of the participants, because the mediator will need to sue this knowledge when mediating the interaction between the participants throughout the process (1986, p. 39). During the second stage of Folberg & Taylor's

. . .
s bring (Lauchli, 2000, p. 1045). The second stage of Fisher & Ury's model requires the mediator to "focus on interests, not positions" (1998, p. 1). Just as the second stage of Folberg & Taylor's model requires that the mediator identify and outline the issues that will be mediated, so too this second stage of Fisher & Ury's model requires that the mediator identify and outline precisely what the participants' interests are in the matter under dispute. This means interviewing the participants about their true interests in the matter, often by reading between the lines of what they actually say. It is the mediator's job in this stage to "get to the heart of the matter" for the participants and to determine whether the matter can be mediated. The third stages of both models are also comparable. Stage three of Folberg & Taylor's model requires that the mediator create options and alternatives (1986, p. 32). The mediator performs this task by helping the participants articulate the options they know they want and by developing new options that may be even more satisfactory (Folberg & Taylor, 1986, p. 51). During this stage the participants may brainstorm possible solutions and participate in trial period of various solutions (Folb
. . .

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Approximate Word count = 1332
Approximate Pages = 5 (250 words per page)

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