Effekten av en mediators verktøy i mediationen, både i løpet av fysisk og online mediation, med utgangspunkt i konflikttrappen

Indsetviken, Inger Elise Hornvedt

4. semester

Jura, Kandidat

2024

2024-05-15

53 pages

This project discusses the various tools and other aid a mediator can use in their mediation, to achieve their goals of creating a forum for the parties in order for them to be able to achieve a satisfactory negotiation. The project starts off with discussing the current legal basis of mediation in Danish law, as well as highlights the preparatory works for the law. Furthermore, the project discusses the various definitions of “mediation” as well. A mediation is defined, by Danish law, as “the purpose of mediation is thus not to determine who is right or wrong, but rather to create a forum for concluding agreements that meet the parties' own needs and their future.” The project argues that the words “create”, and “forum” acknowledges the existence of a mediators “tools and aids” in practice, and that their purpose, as defined by the law, is first and foremost to help parties achieve agreements that “meet the parties' own needs and their future”. This is where the project proposes the following central topic: «The effect of a mediator’s tools, in both physical and digital formats, with considerations of the steps of a conflict escalation». The project then discusses the concept known as the “Steps of Conflict Escalation.” Here the project discusses three various versions of this model: the classic steps of escalation model from Spellmann and Griesl, the similar “Conflict Escalation” from Bjørklund, as well as a modern steps of “The Conflict and Solution Stairs” proposed by Buhl. The project also briefly discusses the criticism the classical Steps of Conflict Escalation. The project then discusses and analyses various tools used in mediation practise. Some of these tools include what is used before mediation, such as the various meeting spaces. Here the project discusses the pros and cons of online mediation, as well as the potential dangers of relying on online mediation as their only medium. The project then moves on to discuss and analyse a mediator’s tools and aids during the mediation. The first of these is notes, which has a predominantly informative effect, where the parties will be able to realise their claims and needs are taken seriously. The project the discusses the usage of repetition of a party’s claims for clarification purposes, as well as the usage of moderating the party’s claims if the mediator deems this necessary to create and facilitate a forum. The project also discusses and analyses the usage of separate meetings in mediations, as well as highlighting the controversies thereof. Finally, the project discusses the usage of graphical aids in mediations and explaining them to the parties for them to later use them as their tools. The project starts of with the classical “Steps of Conflict Escalation” as a graphic used to educate and concretise the parties’ specific conflict. Further the project describes a graphic defined as “Mountains of Claims,” where the graphic is used to help the parties determine their interests and needs based on their original claims. This has a clarifying effect for the parties, in such a way that the parties are then able to see what needs the conflict is based on. The project then continues by discussing the “Graph of Needs”, where the mediator places the parties conflict solutions on an X and Y axis to visually show the parties where they are in relation to one another. This aid helps the parties come up with negotiations to achieve the result that benefits all parties. The project’s main goal is to analyse and highlight various ways a mediator achieve the creation and facilitation of a forum that meets the needs of the parties, as well as the consideration of the parties’ futures.

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