Originally from:

Journal of American Arbitration (JAA) - Vol. 4, No. 2

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ARTICLES

Resolving Conflict Together: The
Understanding-Based Model of Mediation
By Gary Friedman and Jack Himmelstein

I. THE UNDERSTANDING-BASED MODEL OF MEDIATION
A. Four Interacting Principles Guide This Work
1. Developing Understanding: The overarching goal of this
approach to mediation is to resolve conflict through understanding.
Deeper understanding by the parties of their own and each other’s
perspectives, priorities, and concerns enables them to work through their
conflict together. With an enhanced understanding of the whole
situation, the parties are able to shape creative and mutually rewarding
solutions that reflect their personal, business, and economic interests.
We, therefore, rely heavily on the power of understanding rather
than the power of coercion or persuasion to drive the mediation process.
We want everything to be understood, from how we will work together,
to the true nature of the conflict in which the parties are enmeshed, where
it came from, how it grew, and how they might free themselves from it.
We believe the parties should understand the legal implications of their
case, but that the law should not usurp or direct our mediation. We put as
much weight on the personal, practical, or business related aspects of any
conflict as on the legal aspect. In finding a resolution, we want the
parties to recognize what is important to themselves in the dispute, and to
understand what is important to the other side. We strive for a resolution
to satisfy both.