MEDIATION THEORY AND PRACTICE

Solving Approach

Problem-solving mediation generally assumes that, regardless of the context or the people involved, mediation is about helping people resolve their substantive issues. In the process of helping people resolve their issues, mediators may or may not delve into

Don't use plagiarized sources. Get Your Custom Essay on
MEDIATION THEORY AND PRACTICE
Just from $13/Page
Order Essay

the emotional aspects that caused the conflict and may or may not help the individuals improve their relationship and communicative habits. A problem-solving mediator usually subscribes to a model with a more orderly and stately movement from one phase of the process to another, culminating in negotiation and settlement on the problem that brought

the individuals to mediation. Small claims mediation programs typically use the problem-solving approach. These

cases involve parties who do not have a long-standing relationship and who may never see each other again. For example, determining restitution for a damaged car fender or settling a disagreement about water rights on adjacent properties might be what brings the parties to court-annexed mediation. The problem-solving approach focuses the mediation on the solutions that will resolve the issues that gave rise to the complaint.

IS A conciliation or problem-solving approach better for Reymundo and Noah in Case 2.1? If conciliation needs and substantive issues exist in the same case, which should be worked

on first?