European Business Schools Librarian's Group

ESSEC Working Papers,
ESSEC Research Center, ESSEC Business School

No DR 03008: Contractualiser le processus en médiation

Alain Lempereur ()
Additional contact information
Alain Lempereur: ESSEC Business School, Postal: Avenue Bernard Hirsch - B.P. 105, 95021 CERGY-PONTOISE CEDEX , FRANCE

Abstract: While facilitating the resolution of a conflict, the mediator must pay attention to process. In our prescriptive model, mediation process is structured in six steps: session introduction, successive exploration of facts, needs, options, and commitment, and final conclusion. The proposed model aims at increasing the probability of mediation success, and at allowing parties to remain in charge of conflict settlement and to agree on the way of proceeding step by step. It is built on the basis of good practices and recommendations from effective mediation management, and more broadly from a facilitative model of negotiation between parties.

Keywords: Mediation; Mediation success; Mediator’s role; Negotiation facilitation; Susbtance; Relationship; Process; Communication rules; Mediation method agreement; Active listening

JEL-codes: D74; M14

29 pages, March 2003

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