NCM511 – Mediation and Arbitration
Module 2 – Case
Mediation – Foundations
One size fits all?
Douglas E Noll, the author of the following article (below): “A theory of mediation”, presents four pillars of mediation theory:
Conflict goals
Level of conflict escalation
Mediation style or process
Outcome
Then he suggests that: “This theory appears to reconcile and justify all of the diverging views of practice and outcome into a unified view of mediation”, “then states a theory of mediation encompassing them all”.
The Case Assignment
Please read – access via ProQuest: Noll, D. E. (2001). A theory of mediation. Dispute Resolution Journal; New York; May-Jul 2001. Abstract: There is no lack of debate in the field of mediation. Topics that tend to attract the most attention and vigorous discussion include mediator qualification and process outcome. What is lacking is a practical theory that would bring together different views, and help both practitioners and clients. Existing literature is reviewed to form a simple mediation theory founded on basic conflict dynamics. This theory provides a framework for explaining various mediation styles and outcomes – when a certain approach is appropriate and why. Click here
After carefully reading through the Module background material, and this article, please answer (in about 3 full text pages), the following questions:
What are the major points of the author’s pillars of mediation theory?
Is it possible to have a “one size fits all” theory, or is it just different wording?
What are the most practical points, YOU derived from this article?
Expectations
I am more interested in YOUR insight and understanding, and less in a summary of the article.
As we have multiple questions here, please use subheadings per the case questions.
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