The Promise of Mediation, written by Baruch Bush and Joe Folger

The book "Commitment to Arbitration" by Baruch Bush and Joe Folger outlines two different methods of mediation: problem solving and problem change. Arrangers who solve the problem use a strictly controlled process to guide "the essence of discussion" (Burgess, 1997). The mediator who resolves the problem emphasizes the part that both parties agreed while avoiding the part with disagreement. In theory all decisions are made by participants, but this approach means that mediators that solve the problem play an important role in the creation of settlement clauses and acquisition of agreement of the parties (Burgess , 1997).

In mediation research, the recent approach is beginning to consider mediating the personal motives of practitioners and incorporating them into different categories. Bush and Folger (1994) summarizes the motivation of a mediator as a story. Likewise, Harrington and Merry (1988) talks about an intermediary project as well as Breidenbach (1995). Some scholars analyzed interaction between the three parties and informal conflict management among the three parties. From the perspective of psychologists, Caplow (1968) analyzes the behavior of people when there are three people. Pike (1975) also deals with similar problems. Both authors have concluded that humans tend to avoid true triad situation, ie, equal participation of the three. The author explains that humans are trying to alleviate the relative complexity of triples by converting triples to 2-tuples.

In fact, mediation is a common dispute resolution method in the United States (Bush and Folger 1994). Because this is a non-binding process for resolving conflicts through a settlement agreement, the meeting is accelerated by a fair third party to promote negotiations during the controversy (story and its interpretation) (Gillie et al., 1991; Rondeno and Rumbaugh). , 1999). Arbitration can be viewed as a form of distributive justice, even though competitors control arguments about conflict and it is the ultimate solution. It can be concluded arbitrarily or at the order of the court, which does not bind the parties in a way other than mutual agreement.

Therefore, the definition of the success of the two mediation is different. Generally, reconciliation-oriented mediation can not be considered successful unless a settlement is reached. However, if one or both parties have the right to better handle their situation and / or the parties are well aware of concerns or problems of other parties, I will succeed. In many cases, both parties can form a mutually agreed result with the approval and approval (see Appendix) acquired by the parties. But, according to Bush and Folger (1994), this is often not the case - because the settlement-oriented mediation process tends to ignore relationship problems and supports narrower and more specific interests so empowerment and recognition .