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The following are some notes I wrote up a few years ago when researching dispute resolution under Islamic Law.
A number of these points are lost on people assuming the roles of mediators in the community, and I beleive there are two chief reasons for this:
A number of these points are lost on people assuming the roles of mediators in the community, and I beleive there are two chief reasons for this:
1) They've only ever read about judges and therefore look to adjudication as the sole role that one plays in settling disputes.
2) Emotionally, as humans we are are attuned to retribution instead of reconciliation. Placing yourself in a position of power is ingratiating.
2) Emotionally, as humans we are are attuned to retribution instead of reconciliation. Placing yourself in a position of power is ingratiating.
An important difference between a mediator and adjudicator:
- A mediator looks for cause and how to reconcile differences.
- An adjudicator looks for fault and how damages are remedied.
- A mediator looks for cause and how to reconcile differences.
- An adjudicator looks for fault and how damages are remedied.
Another difference:
- A mediator brings the parties from their current state together to a preferred future state together.
- An adjudicator perceives the current state together and separates the parties into two future equitable states.
- A mediator brings the parties from their current state together to a preferred future state together.
- An adjudicator perceives the current state together and separates the parties into two future equitable states.
Another difference:
- A mediator is concerned with the mutual benefit of both parties.
- An adjudicator is concerned with the singular benefit of one party.
- A mediator is concerned with the mutual benefit of both parties.
- An adjudicator is concerned with the singular benefit of one party.
Another difference:
- A mediator is not concerned with losses or relinquished rights.
- An adjudicator is.
- A mediator is not concerned with losses or relinquished rights.
- An adjudicator is.
Another difference:
- A mediator's parameters are inquisitorial.
- An adjudicator's parameters are adversarial.
- A mediator's parameters are inquisitorial.
- An adjudicator's parameters are adversarial.
Another difference:
- A mediator seeks an equitable settlement for both parties based on their mutual acquiescence to each other.
- An adjudicator seeks an equitable settlement for one party regardless of either party.
- A mediator seeks an equitable settlement for both parties based on their mutual acquiescence to each other.
- An adjudicator seeks an equitable settlement for one party regardless of either party.
End of thread as of 8/22/2020.
