CMN 4131 Chapter 6: CMN 4131 Chapter 6 Notes

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Conflict can exist but not be a dispute. Two parties can have incompatible beliefs or interests with a great potential for conflict, yet no dispute actually exists between them. A process by which a neutral or third party, upon being asked to do so, negotiates a dispute between parties. The mediator acts as a communicator and facilitator to help parties make their own decisions to resolve the dispute. Mediation, then, is a process that enables disputing parties to set aside the adversarial impulse. Mediation helps the parties to: explore the aspirations underlying the conflict, determine their true interests in a creative, collaborative spirit, fashion the solutions in their own way. Family conflict, including parent-child, intergenerational and elder conflicts. Peace negotiations in the aftermath of war. Reconciliation processes following mass human rights violations. Recommended: judges and lawyers suggest mediation as an alternative to litigation. In many cases, through mediation, the parties reach agreement, thus saving themselves emotional and financial costs.

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