In entrenched conflict cases, mediation participants display a contradictory approach. They fail to take responsibility for their part in mediation and do not engage constructively in negotiations, whilst asserting a justificatory narrative for their behaviour. Usually they blame the other disputant, make excuses based on extraneous factors or even assert that the mediator is to blame for the lack of progress in mediation. In many entrenched conflict cases, there is no genuine commitment to negotiation at all on the part of the entrenched disputant. They are simply keen to present their case with an expectation that everyone else will fall into line with their demands. When entrenched conflict manifests, mediation is often being used as a forum for psychological game playing. Entrenched disputants tend to have a ‘win at all costs’ perspective. In some entrenched cases, mediation is simply being used as a tactic, with a view to fighting the case in court. In such circumstances, the entrenched disputant may simply see mediation as a means of eliciting further information about their opponent’s case, so as to benefit the entrenched disputant in subsequent court proceedings. |
Corporate Mediation Journal
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Editorial |
The Special Nature of Corporate Mediation |
Authors | Martin Brink |
Article |
How to Successfully Manage Entrenched Conflict in Mediation |
Keywords | entrenched conflict, preparation, conflict identification, mediation model |
Authors | Sheila Gooderham |
AbstractAuthor's information |
Article |
The Mediation DisruptionA Path to Better Conflict Resolution through Interdisciplinarity and Cognitive Diversity |
Keywords | interdisciplinarity, social psychology, diversity and inclusivity, disruption |
Authors | Mark T. Kawakami |
AbstractAuthor's information |
As the COVID-19 pandemic continues to expose obsolete business practices and force companies into uncharted territories, a disruption worth (re)considering for companies is to replace their over-reliance on litigation with mediation. In order for mediators to make this transition more appetising for businesses, we must train mediators to: 1) think more holistically through interdisciplinary training; and 2) foster cognitive diversity amongst our pool. |
Article |
A Reflection on the Evolution of Corporate Culture and Conflict Resolution (Part I)The Resonance of Individual Conflict Resolution on the Collective Organisational Psyche |
Keywords | mediation, evolution system, corporate culture, conflict resolution, power struggle |
Authors | Hilde Kroon and Marcel Baatsen |
AbstractAuthor's information |
In this article, a roadmap is proposed for both individual growth and eventual maturation of an organisation as regards how conflict is dealt with. Much can be achieved within organisations when the individuals who work there succeed in discovering and deploying their potential in order to deal with conflict in a mature manner. |
Article |
A Reflection on the Evolution of Corporate Culture and Conflict Resolution (Part II)The Resonance of Individual Conflict Resolution on the Collective Organisational Psyche |
Keywords | mediation, evolution system, corporate culture, conflict resolution, power struggle |
Authors | Hilde Kroon and Marcel Baatsen |
AbstractAuthor's information |
In this article, a roadmap is proposed for both individual growth and eventual maturation of an organisation as regards how conflict is dealt with. Much can be achieved within organisations when the individuals who work there succeed in discovering and deploying their potential in order to deal with conflict in a mature manner. |