Skills & Values: Negotiation, Mediation, Collaborative Law, and Arbitration. Alternative Dispute Resolution, Second Edition by Charles B. Craver John Burwell Garvey

Author:Charles B. Craver John Burwell Garvey [John Burwell Garvey, Charles B. Craver]
Language: eng
Format: mobi
ISBN: 9781531022938
Publisher: Carolina Academic Press
Published: 2021-12-14T21:00:00+00:00

1. Facilitative/Elicitive Mediators

Facilitative/Elicitive mediators try to reopen blocked communication channels and generate direct inter-party discussions that will enable the parties to formulate their own agreements. These conciliators tend to be process-oriented. They hope to regenerate party-to-party discussions that will enable the parties to structure their own agreements. They view impasses as the result of communication breakdowns and/or unrealistic party expectations. They work to induce advocates to reconsider the reasonableness of their respective positions. They are elicitive in the way they use questions to generate positional reassessments and to get parties to consider innovative options. They prefer joint sessions during which they try to induce the parties to engage in more open face-to-face discussions. They resort to separate caucus sessions only when they conclude that face-to-face talks are not progressing well.

These mediators ask many questions that are designed to induce the parties to evaluate the reasonableness of their stated positions and to explore underlying party interests. They try to get participants to look behind their stated positions in an effort to appreciate the availability of alternatives that may prove to be mutually beneficial. Whenever possible, they get the parties talking and remain quiet while the parties interact.

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