Media As Mediator
Media As Mediator
What is Mediation?
Mediation involves the intervention of a third person, or mediator, into a dispute to
assist the parties in negotiating jointly acceptable resolution of issues in conflict.
The mediator meets with the parties at a neutral location where the parties can
discuss the dispute and explore a variety of solutions.
Each party is encouraged to be open and candid about his/her point of view. The
mediator, as a neutral third party, can view the dispute objectively and assist the
parties in considering alternatives and options that they might not have
considered. The mediator is neutral in that he or she does not stand to personally
benefit from the terms of the settlement, and is impartial in that he or she does
not have a preconceived bias about how the conflict should be resolved.
The mediation session is private and confidential. Matters unique to the
mediation discussion have been held by Federal courts to be privileged and
inadmissible in any adversarial administrative or court proceeding with the
exception of certain issues such as fraud, waste and abuse, or criminal activity. If
a settlement was not resolved during a mediation session, and the dispute was
litigated in any administrative or judicial proceeding, neither the mediator nor
his/her notes can be subpoenaed by either party.
Early Use of Mediation Enhanced the Potential for Resolving the Dispute
As time drags on without a resolution, people tend to "dig in their heels" and fight
for their position rather than work to achieve mutual agreement. Accordingly,
most advise that mediation should be attempted as soon after the dispute arises
as practicable. The following comments were typical of expressing the
relationship between the timing of mediation attempts and the success of the
mediation in resolving the dispute:
Often, one or both of the parties need a flexible process and skillful neutral to
bring out what's bothering him/her. Other times, people just need to take time out
of their busy schedules to sit down and talk with one another away from the
distractions and stresses of the workplace. As the following comments indicate,
poor communication skills are often the root of many disputes:
Even the strongest advocates for mediation acknowledge that mediation will not
be able to resolve all disputes:
"Mediation does not work if the dialogue with management is not there."
"Settlement reached but didn't get to the heart of the problem -- personality
conflict. They're back in EEO."
"Parties did not come to the table with a "good faith" effort to negotiate.
Urge that parties be briefed on the nature of negotiations and the need to
be willing to adjust positions."
"Not all individuals are willing to resolve an issue even though the
opportunity is given to them. Sometimes people are not rational in their
perspective."
1. All
2. Journalism
You’re interested in
Journalism and want
to help resolve
conflicts. How can
you become a
mediator?
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1
What is mediation?
2
Why is journalism relevant?
3
How to become a mediator?
4
How to improve your skills?
5
How to find work?
6
How to make a difference?
7
Here’s what else to consider
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Sarah Zabel
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1What is mediation?
Mediation is a voluntary and confidential process of conflict
resolution that involves the assistance of a trained
mediator. The mediator does not impose a solution or
judge the parties, but rather helps them explore their
interests, needs, and options. The mediator also
encourages the parties to listen to each other, empathize,
and collaborate. The goal of mediation is to help the parties
reach a mutually satisfactory agreement that addresses
their concerns and preserves their relationship.
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Larry Schiffer
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Are you looking for a New York lawyer with both boutique and big
law experience? You have come to the right person. Let me help you
with your insurance and reinsurance issues.
Sarah Zabel
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1. All
2. Journalism
What are the most
effective ways to
approach sources for
investigative
journalism?
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1
Identify potential sources
2
Prepare your approach
3
Be respectful and honest
4
Build rapport and trust
5
Verify and document information
6
Maintain contact and follow up
7
Here’s what else to consider