Title:
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The fugitive identity of mediation : negotiations, shift changes and allusionary action
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Despite much having been written about what mediation is, direct observations of
commercial mediations are limited. This doctoral thesis provides an opportunity to
observe mediation in action and to provide external commentary about the actions
observed.
Mediation is approached ethnographically as a social process that is informed by
structures, rules and norms that colour the environment within which it operates. As
Malinowski observed, one had to live among a society one was studying in order to
really learn about the society. Ethnography permits us to see beyond the act. to
understand how and why people behave as they do, and to make clear that which is
obscure.
Through the ethnographic method, a process leading to negotiated order is examined,
baring its elements, identifying its influences and studying the movement to order.
The result is the reconceptualization of mediation. Mediation is a process
inextricably linked to negotiation, providing a contextual layer to bi-lateral
negotiation while retaining the processual shape of negotiation. The mediator is
invited into the negotiation as third party intervener. He creates the process of
mediation, defining the process by his actions, which ultimately merges mediator
with process.
The mediator becomes part of the negotiation process, at times separate from the
parties, aligned with the parties or in opposition to the parties. She takes on their
identity in addition to her own. The mediator is mediator; she is party; she is party
adviser. She takes on the mantle of these personas during mediation: the mediation
becomes her negotiation; the party becomes her client. For the parties, however, the
mediator remains the non-aligned third party intervener suggested by the literature.
The negotiation remains their negotiation and the mediation remains a process
ancillary to their negotiation, views aided in their formulation bv mediators'
statements regarding mediator role and mediation process.
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