Comments - Is Interest-Based Mediation Derived from a Misunderstanding? - ADRhub - Creighton NCR2024-03-28T13:21:41Zhttp://www.adrhub.com/profiles/comment/feed?attachedTo=4905899%3ABlogPost%3A959&xn_auth=noActually, it was my thinking…tag:www.adrhub.com,2010-05-03:4905899:Comment:9812010-05-03T16:37:21.000ZDebra Healyhttp://www.adrhub.com/profile/DebraHealy
Actually, it was my thinking - not your writing - that was too opaque!!<br />
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I guess I've never thought of interests as the "exclusive driver" of interest-based mediation. I see interests as being one component - a component that, when thoughtfully explored, can lead to the awareness and understanding of deeper components inherent when there is a perception of conflict.<br />
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I really don't see any particular model or theory of mediation as being the "royal road to dispute resolution." I think if I did,…
Actually, it was my thinking - not your writing - that was too opaque!!<br />
<br />
I guess I've never thought of interests as the "exclusive driver" of interest-based mediation. I see interests as being one component - a component that, when thoughtfully explored, can lead to the awareness and understanding of deeper components inherent when there is a perception of conflict.<br />
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I really don't see any particular model or theory of mediation as being the "royal road to dispute resolution." I think if I did, I'd be relying too much on the science - and remiss in leaving out - the art of mediation.<br />
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And, now it's my writing that's opaque. :)<br />
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Thanks for the conversation. I always look forward to your thoughful posts.<br />
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Take care.<br />
Debra Actually I think my writing m…tag:www.adrhub.com,2010-05-03:4905899:Comment:9792010-05-03T16:08:22.000ZArnold Zemanhttp://www.adrhub.com/profile/ArnoldZeman
Actually I think my writing may have been too opaque to convey my meaning!<br />
I'm trying to draw an implication for the theory on which interest-based mediation rests. If the theory of homo economicus is deficient because Adam Smith never conceived interests as the exclusive driver in the marketplace, then perhaps interest-based mediation is correspondingly not the royal road to dispute resolution. There's more to working with conflict than focusing on individual and joint interests.<br />
Regret any…
Actually I think my writing may have been too opaque to convey my meaning!<br />
I'm trying to draw an implication for the theory on which interest-based mediation rests. If the theory of homo economicus is deficient because Adam Smith never conceived interests as the exclusive driver in the marketplace, then perhaps interest-based mediation is correspondingly not the royal road to dispute resolution. There's more to working with conflict than focusing on individual and joint interests.<br />
Regret any confusion I've caused.<br />
Best,<br />
-Arnold Thanks very much, Arnold. Sor…tag:www.adrhub.com,2010-05-03:4905899:Comment:9782010-05-03T15:02:18.000ZDebra Healyhttp://www.adrhub.com/profile/DebraHealy
Thanks very much, Arnold. Sorry to be so dense. :)<br />
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I got the sense that you were possibly saying that interest-based mediation focuses on self-interest as the motivation for resolution. In my mind, interest-based mediation focuses on both individual and joint interests - and, through the process, people come to realize that when we collaborate to meet everyone's interests as best as possible, durable agreements become possible.<br />
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Are we both saying the same thing but in different ways? I feel…
Thanks very much, Arnold. Sorry to be so dense. :)<br />
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I got the sense that you were possibly saying that interest-based mediation focuses on self-interest as the motivation for resolution. In my mind, interest-based mediation focuses on both individual and joint interests - and, through the process, people come to realize that when we collaborate to meet everyone's interests as best as possible, durable agreements become possible.<br />
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Are we both saying the same thing but in different ways? I feel like I may be missing an important nuance of your post.<br />
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Hope you had a nice weekend.<br />
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Debra Thanks for your comment &…tag:www.adrhub.com,2010-05-02:4905899:Comment:9612010-05-02T00:06:13.000ZArnold Zemanhttp://www.adrhub.com/profile/ArnoldZeman
Thanks for your comment & question, Debra. I was trying to say that interest-based mediation rests on a view of human nature and action. If parties in conflict can be helped to understand somehow the rational interests that underlie their differences, opportunities may be created for developing outcomes that are mutually satisfactory for all, most or some of their interests. When through the mediation process, the human being can obtain "available information about opportunities and…
Thanks for your comment & question, Debra. I was trying to say that interest-based mediation rests on a view of human nature and action. If parties in conflict can be helped to understand somehow the rational interests that underlie their differences, opportunities may be created for developing outcomes that are mutually satisfactory for all, most or some of their interests. When through the mediation process, the human being can obtain "available information about opportunities and constraints", she will then act to obtain her highest possible well-being. So it's not that the parties have motives exclusively related to self-interest, but rather in the process of mediation, they may start to view their situation more dispassionately through the lens of rational self-interest that may in turn prepare the ground for options on which they can agree.<br />
Hope this sheds further light on what I was trying to say. Hi, Arnold -
Interesting pos…tag:www.adrhub.com,2010-05-01:4905899:Comment:9602010-05-01T17:43:24.000ZDebra Healyhttp://www.adrhub.com/profile/DebraHealy
Hi, Arnold -<br />
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Interesting post. I'm curious about your statement:<br />
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"The most prominent and dominant approach to mediation is, however, the interest-based model, derived from the concept of homo economicus, that posits that a human being 'acts to obtain the highest possible well-being for himself given available information about opportunities and other constraints.'"<br />
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I've never considered interest-based mediation to be limited to those in conflict who have motives "exclusively related to…
Hi, Arnold -<br />
<br />
Interesting post. I'm curious about your statement:<br />
<br />
"The most prominent and dominant approach to mediation is, however, the interest-based model, derived from the concept of homo economicus, that posits that a human being 'acts to obtain the highest possible well-being for himself given available information about opportunities and other constraints.'"<br />
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I've never considered interest-based mediation to be limited to those in conflict who have motives "exclusively related to self-interest." I'm interested in knowing how you arrived at this conclusion.<br />
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Thanks very much.<br />
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Debra Healy<br />
agree2agree<br />
Healy Conflict Management Services