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The Model - The
Sustainable Knowledge Model of Norm-Educating Mediation
click here for The Sustainable Knowledge Model of Norm-Education Mediation document
- Define the Problem - Storytelling
- events & obstacles
- values/norms
- goals
- Gather Information & Ideas - brainstorming (questions & options)
- Set Criteria - what norms are referenced?
- What Works? - bargaining/negotiation (proposals & solutions)
- Agreement/Understanding (actions/attitudes)
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Categories of Mediation Models
Mediation scholars and practitioners have categorized and analyzed mediation models from many perspectives.
Using the categories of Norm-Generating, Norm-Educating and Norm-Advocating mediation, allows us to identify
the norms being referenced, at the same time comparing: theory of conflict, empowerment of parties, basis of
authority, control of process, and definition of success. While mediation has gained legitimacy as one of the
Alternative Dispute Resolution processes, controversy abounds regarding how to define mediation, train and
evaluate mediators, and measure success. If mediators cannot fully explain the process being offered,
self-determination of the parties can not be exercised.
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| Norm-Generating
Mediation |
| Norm-Generating Mediation applies to any mediation in which the parties reference primarily their
own values and standards. While all mediation operates “in the shadow of the law,” Norm-Generating models
focus the attention on the interpersonal issues. Self-interests, in Caaddition to parties’ proposals on
concrete issues, can include: future relationships, fairness to all parties, redefining relationships,
changing patterns of communication, and greater awareness and empowerment of parties. |
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| Norm-Educating
Mediation |
| Norm-Educating Mediation is based on the theory that people who are well informed
make better decisions. Participants gather all relevant information throughout the mediation process, as well as
referencing their own values. The mediator may offer information for the parties to consider. Parties are encouraged
to learn skills of negotiation for use outside the mediation. |
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| Norm-Advocating
Mediation |
| Norm-Advocating Mediation is any mediation in which legal statutes
or institutional regulations dictate the parameters of the mediation agreement. Parties must be informed
of these restrictions prior to the mediation. |
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While these categories include considerable overlap, the
emphasis in each is different. The strategies and tools
the mediator chooses, according to Waldman’s hypothesis,
inevitably reflect the norms being referenced. Mediators
are required to inform consumers (prior to mediation)
about the processes and model/s to be used, and to
assess each party’s capacity to understand.
Explaining ADR processes and mediation models is
critical in ensuring that parties exercise informed
consent. Informed consent is the key component of
self-determination. Self-determination is the defining
element of mediation in relation to other Alternative
Dispute Resolution processes.
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