Why Does Anyone Mediate if Mediation Risks Psychological Dissatisfaction, Extra Costs and Manipulation? Three Theories Reveal Paradoxes Resolved by Mediator Standards of Ethical Practice

Three paradoxes afflict mediation. First, if self-determination is a psychological need motivating the parties and the mediator, how can the parties and the mediator jointly satisfy their potentially conflicting needs? Second, if parties are having difficulty resolving their conflicting individual i...

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Bibliographic Details
Published in:Ohio State journal on dispute resolution 2014-01, Vol.29 (2), p.223
Main Authors: Imperati, Samuel J, Maser, Steven M
Format: Article
Language:English
Subjects:
Decision making
Ethics
Manipulation
Mediation
Mediators
Theory
Online Access:Get full text
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Summary:Three paradoxes afflict mediation. First, if self-determination is a psychological need motivating the parties and the mediator, how can the parties and the mediator jointly satisfy their potentially conflicting needs? Second, if parties are having difficulty resolving their conflicting individual interests and incurring costs in the process, why would they invite a third party into the conflict who has his or her own interests and adds costs? Third, if it is impossible to guarantee that any collaborative decision making process can be immune to manipulation by one of the participants, including the mediator, why would parties expose themselves to the risks of mediation? Three mutually reinforcing theories (Self-Determination Theory, Transaction Resource Theory, and Collective Choice Theory) reveal these paradoxes. The analysis demonstrates how professional organizations and states can resolve the three paradoxes by crafting and enforcing mandatory standards of ethical practice for mediators.
ISSN:1046-4344