LAWS 1000 Chapter Notes - Chapter 18a: E. Adamson Hoebel
18 Feb 2017
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Mediation: influencing parties to come to agreement by appealing to their own interest. Consider common interests b/w parties more essential. Possibilities of resolution the parties have not discovered. Mediator must be impartial parties must have confidence in them & be willing to cooperate. Regard for impartiality display caution in pressing parties too hard. Best condition = both parties interested in conflict resolution when parties are not motivated to resolve conflict, it demands a balance b/w regard for impartiality & regard for exertion of sufficient pressure. Use of norm (concerning what is right & wrong) can help parties renounce unreasonable demands. Hoebel conflict-resolution is more difficult when conflicts are characterized by disagreement about normative factors. Well developed rules governing property rights, sale, mortgage, social status, family relations, violation of rights, etc. If parties cannot solve conflicts alone mediator called mokalun. Mokalun = person of high rank; esteemed as a head-hunter; chosen by plaintiff to be impartial.
