Mediation – Positions and Interests - #15
Since I see mediation as a question of transitions and
transformations of thinking and thus feeling, it is important to point out a
crucial aspect of what mediation does. It moves a person from a fixed position
where the position is defended to a far deeper place where the real interests,
needs and wishes of a person reside. A classic example that often occurs
spontaneously of this shift happens to almost all parents when they have
teenagers, Let’s make it more interesting and also realistic and give the
teenager a driver’s license. The agreement is that the teenager will be home by
10PM. 10PM comes and goes with no phone call. The parents begin to get edgy and
finally angry. “We should not have trusted her or he should have called no
matter what.” And then the position emerges, he cannot have the car for a week
or a month or until he is 18.. Now 11PM comes and the parents are nervous about
the child being hurt or worse. The position, in and of itself, softens and the
parents become aware of their deeper interests. They love their child and want
him or her to be safe. This is NOT a position because it does not specify how
or what. That means there are many ways this safety can be achieved. The
parents also want to be able to live without anxiety every time the child takes
the car. This again is not a position but a deeper interest. All is somehow
made well when at 11:30PM, there is phone call explaining that the cell phone
ran out of juice and there was a minor accident with no way to inform them. The
child is highly distressed and there will be a lot to talk about at home.
Through directed conversation, the goal of mediation is to reach a space where
positions can soften and deeper interests can emerge. Then it is the parties
themselves that can reach resolution.
No comments:
Post a Comment