The Sustainable Knowledge Model of Norm-Educating Mediation

Susan Oberman developed the Sustainable Knowledge Model of Norm-Educating Mediation which is based on the premise that people with all relevant information make better decisions.

The Sustainable Knowledge Model of Norm-Educating Mediation establishes a structure for the mediator and parties to gather and share information.

Educated consumers should be informed about the mediator’s point of view and decide which model is the one they want to use. Mediators are bound by professional ethics and law to maintain impartiality and to balance of power among the parties in all instances. Neutrality (about the outcome) and impartiality (among parties), while difficult to define and achieve, are not the only forms of bias. It is incumbent upon all mediators to inform parties of the biases and beliefs they bring to their work, and the model they are using, since it inevitably impacts on parties’ decision making.

NORM-EDUCATING MEDIATION

Mediation is voluntary negotiation among the parties to a dispute with the help of a neutral and impartial third party. In Norm-Educating mediation, the mediator may offer information and resources to the parties.

Parties must demonstrate:

• Capacity-the ability to advocate and negotiate on one’s own behalf, to process information, and to carry out agreements

• Authority– the legal right to make decisions

• Good Faith– the intention to respect the other parties, to make bona fide proposals, and to consider others’ proposals

The mediator’s job is to establish:
• Impartiality– showing no preference for any party

• Neutrality– having no preconceived opinions regarding the outcome

• Balance of Power– ability to recognize and address power relationships that intimidate or compromise the capacity of any party’s ability to participate in mediation

• Informed Consent- parties must have all relevant information to exercise informed consent, to determine what information is required to be disclosed, and to decide whether to maintain or waive confidentiality

The Sustainable Knowledge Model of Norm-Educating Mediation

1. Define the problem – Storytelling
a. events & obstacles
b. values/norms
c. goals

2. Gather Information and Ideas – Brainstorming (questions & options)

3. Set Criteria- what norms are referenced?

4. What Works? – Bargaining/Negotiation (proposals & solutions)

5. Agreement/Understanding
    (actions)              (attitudes) 

Download PDF for full explanation of:
Norm-Educating Mediation
The Sustainable Knowledge Model
Dialogue and Negotiation
Law and Mediation
Mediation and Therapy
Avoidance of Conflict
Relationship Cycle Chart