Mediation practitioners may come upon a particularly challenging brand of casethat which entails negotiating over a single dominant asset or issue. In these cases, at first glance, one party will win and the other lose, a dynamic on its face anathema to the compromises inherent in mediation. Consider, for example: a parent who wishes to relocate a great distance with the children; business partners who each wish to retain sole control of a company; a divorcing couple whose only asset is a heavily mortgaged home; or, perhaps, siblings debating which one shall be named guardian of an ailing elderly parent. On its face, each scenario suggests a zero-sum proposition.
In a typical mediation process, managed according to an understanding and non-caucusing model, the sessions move forward by mutual agreement. Participation is fully voluntary and confidential. Therefore, the parties first define the conflict and the mediator helps identify the various elements to be negotiated. The mediator then elicits each one’s perspective, values and needs around each issue.
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