IDENTIFYING THE ROLE OF SOCIAL NORMS IN MEDIATION - A MULTIPLE MODEL APPROACH

Mediation plays an ever-increasing role in a variety of dispute contex ts. Once primarily limited to labor or neighborhood conflicts, the med iation process is currently being used to resolve environmental, perso nal injury, securities, and bioethics disputes, This movement into new areas has sparked modifications and innovations in traditional mediat ion practice. an this Article, Professor Waldman argues that changes i n mediation practice require a revamping of mediation theory, She argu es that mediation encompasses three separate, but related, procedural models that can be distinguished by their divergent treatment of socia l norms, She terms these models ''norm-generating,'' ''norm-educating, '' and ''norm-advocating''. In the norm-generating model, the mediator invites the parties to create the norms which will guide their agreem ent. In norm-educating mediation, the mediator educates the parties ab out the social norms implicated by their dispute, but does not suggest or encourage their adoption. In the norm-advocating model, the mediat or informs the parties of relevant social norms, and also advocates fo r their inclusion in the parties' agreement. Professor Waldman suggest s that recognition of these models will enhance efforts to construct m eaningful professional standards and clarify, for both practitioners a nd clients, the different guises mediation assumes in different types of disputes.