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 model, the mediator outlines the issues that will be negotiated. The mediator interviews the participants about the issues and sets the goals of the mediation. At the end of this second stage, the mediator will have a good "feel" for the participants and the possible outcomes of the mediation.
The mediator performs similar activities during the first two stages of Fisher & Ury's principled negotiation model. The first stage of separating the people from the problem essentially requires th...