A Theory Of Mediation - Chapter 3 - AAA Handbook on Mediation - Third Edition

Author(s):

Douglas E. Noll

Page Count:

14 pages

Published:

April, 2016

Practice Areas:

Dispute Resolution & Litigation,

ADR

Author Detail:

Douglas E. Noll, a full-time Mediator in California, has been on the panel of the American Arbitration Association since 1981. He is also an adjunct professor of law at the Straus Institute of Dispute Resolution at the Pepperdine School of Law. Mr. Noll received his B.A. from Dartmouth College, J.D. from University of the Pacific McGeorge School of Law, and M.A. from Fresno Pacific University in Peacemaking and Conflict Studies. He is the author of Peacemaking: Practicing at the Intersection of Law and Human Conflict

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Description:

Originally from:

AAA Handbook on Mediation - Third Edition

A THEORY OF MEDIATION

Douglas E. Noll

I. Introduction

To date, the debates in the mediation field have centered on which process is better, who is qualified to be a mediator, and on outcome measurement. In reading the vast literature generated by these debates, no clear theory of practice has apparently developed. I believe that a general theory has not developed because the debates on process and outcome have not considered conflict dynamics.

I propose that when conflict dynamics are considered, a simple theory of mediation arises. This theory appears to reconcile and justify all of the diverging views of practice and outcome into a unified view of mediation.

This theory of mediation contains four strands: conflict goals, level of conflict escalation, mediation style or process, and outcome. I will explain each strand then state a theory of mediation encompassing them all.

II. Conflict Goals: CRIP

Wilmot and Hocker have developed the acronym CRIP as an analytical tool in conflict. CRIP stands for content, relationship, identity, and process.