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Essay / Research Paper Abstract
This 8 page paper explores the contention that true impartiality in the mediation process is not only actually an impossibility but is not truly necessary for fair mediation. Bibliography lists 10 sources.
Page Count:
8 pages (~225 words per page)
File: AM2_PPmediation.rtf
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Unformatted sample text from the term paper:
out one on one or, in more serious situations, it is sometimes prudent to enlist the aid of a third party to serve as a mediator. The classical Western model
of conflict resolution involving third party intervention in general, and mediation in particular, is posited on the mediator being impartial in regard to the issues that are being mediated.
Critical theorists argue, however, that true impartiality is actually an impossibility (Astor, 2007). Modern theory accepts, in fact, that mediators come into conflicts with their own views, issues, interests,
etc., in place (Exon, 2007). Not only is this anticipated, it is actually expected in some situations because the mediator is looked to as a resource that can be
used to more effectively work out an amiable solution to the conflict. Mulcahy (2001) suggests that "rather than aspiring to the empty goal of neutrality, we should be debating
the possibility of partiality as an ethical standard to govern dispute resolution". Juggling between the issues of partiality verses impartiality presents the conundrum of mediators not being able to "do"
neutrality yet they cannot do without it (Astor, 2007). There are, of course, many constants in mediation that help remedy some of the problems inherent in the juggling act.
Effective mediation tactics must encompass provisions for managing imbalances (Exon, 2007). Effective mediation tactics must include active listening, purposive questioning, and reframing. Active listening can be clearly
distinguished from passive listening. While it is possible to absorb as much information from passive listening, active listening brings the fact that you are listening to the full confidence
of the speaker. Active listening can be used in a variety of settings in which one wants the listener to perceive their interest and in which the listener wants
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