Tactic Four – Bringing in Third Party
Bring in expert, authority, and other third parties to assist the mediation.
Sometimes, the mere presence of an official, the authority,an expert or a related person facilitates the mediation.Although too much interference from the officials, the authority, the expert, etc.may bring too much pressure on one party and thus has the potential to backfire.Even so, Chinese mediators traditionally still rely on this tactic.
For example, match making is still practiced in today’s Chinese society.It is especially popular and follows traditional patterns more closely in rural areas.Match makers are the ones who introduce the two people, witness and facilitate the dating process, and sometimes, has to solve the couples’ problems followed even after they are wed.In the case of engagement dispute, the woman wants to break the engagement with the man,while the man does not want to dissolve the relationship but wants compensation from the woman if they break up.An example of the tactic of bringing in a third party is used by the mediator in this case.The village mediator brings in the couple’s matchmaker and lets her talk about the dating history of the two people.
In fact, before the dispute went to the village office, the dispute has been mediated by the matchmaker.She went between the parties and their relatives to try to find out what the main point of conflict was and to determine whether it is possible for the two young people get back together and how that may occur.Obviously, it is frustrating for her to find out that she cannot help them rekindle their relationship, and that she could not resolve their conflict.After every attempt failed, she is there to help them dissolve the romantic relationship civilly, and become good neighbors again.Therefore, the former couple accepts the intervention of both the group officials and now the village officials to hold this mediation session for them.The matchmaker has her opinions on what each party should do in this engagement dispute.
(Z – the matchmaker; M – the mediator)
Z: The things passed through my hands to He Ying’s parents,can be proved by the matchmaker (me).As for those things that are not passed through my hands, you can still refer me for proof.On He Ying side, you need also to admit it and your parents need to admit it too.Now, you have proposed that you want to disengage from this boyfriend-girlfriend relationship, then you should really return things to Zhang Qiang as you took these things.
M: (Zhang Qiang) sent presents twice, and then? How about the third time? As you were not at home, you did not go with Zhang Qiang.One of your sisters went with them.Then, the third time was in October.You gave money when you came back for the engagement.It is 3000 yuan for the engagement.This has been passed through your hands.Are these what you know mainly?
Z: This is it.What I said was based on the facts.It is what it is.I hope you two… as both of you are my relatives, and I felt that you two match in many aspects, so I hope you two…to bind you two together.But you two don’t feel good about each other, and are not willing to be together,then I’d better not… That’s why I sit here to help you resolve the problem.
This speech happens at the beginning part of the mediation.That the man’s family has given gifts and money to the woman’s family and its total value is provided by the matchmaker as fact.As the witness to the whole relational progress, from initiation to dissolution enhances her trustworthiness.Her position is clear that that the woman should return the money and gifts given by the man if she breaks up the engagement.As an unbiased third party, the matchmaker’s opinions have some weight in the mediation.Asking the matchmaker to speak at the very beginning has set the tone for the whole session.The authority of the matchmaker adds legitimacy to the mediator’s agenda for the resolution of the conflict.
In the case of offspring’s financial support of parents, invited third party participants include the village head, the village mediator and the branch secretary, while the mediators are served by the para-professional staff from a law firm.(https://www.daowen.com)
(VH – the village head; M – the mediator)
M: This is Chen Youcai and Deng Fuguo, the plaintiffs with their dispute of supporting parents.As a law firm, we have been assigned by the Law Center to handle this case.Before we deal with the case, we arrange a pre-trial mediation at Chen Zhongxiao home.If the mediation succeeds, there will be no need to bring the case to the court.Right? So this Chen Zhongxiao, we’ve invited the village head.What is the name…
VH: Zhang Chenggong.
M: Yes, Zhang Chenggong Yeah, (We’ve invited) this Director Zhang to join us too.Now let’s have Chen Zhongxiao -what do you request — make a statement about what you have to say in every aspect.
The involvement of local officials makes the mediation authentic.Like the matchmaker in the previous example, the officials have been trying to resolve the conflict all along and their intervention guarantees the trustworthiness of the fact of the case.This also encourages the disputants to be honest and sincere in making their case.
In the case of “owners’ committee vs.management committee”, I am introduced to the disputants as a student in communication.The mediator vaguely indicates that I possess the expertise in mediation to make the mediation more authentic.A lawyer is invited to be at the mediation, and he poses the authority of the law.This adds further authenticity to the mediation.In the latter stage of the mediation, the lawyer asked about the seal and explained the legal issue concerning the seal,trying to persuade the parties that the seal does not have legal effect.His contribution in the aspect of law is in support of the mediator’s point of view.
(M – the mediator)
M: Therefore, you are invited today to sit here, that is,everybody go through a procedure, what procedure? It is( ).This lady, she is studying the method of Communication, in the aspect of mediation.Our lawyer is also here today, being consulted about the family conflict caused by divorce.Therefore, we hold this illustration today for everybody.You all express your view fully today, that is, in this environment, individual express their view fully, that is the biggest barrier you feel, for example, “what problem is my biggest barrier?”Please air your view, air your view in front of the people.For example…
This opening speech set the tone for the mediation session,that is, we have invited experts here to make our mediation authentic, therefore, there is an implicit polite request directed at the litigants to be constructive and sincere in their attempt to resolve the conflict.The mere presence of both the lawyer and a mediation scholar has brought power to the mediator apart from her positional authority as head of the community office.
To balance this formal setting, the mediator continue to explain what a mediation is like and that people should air their views during this process freely.This mediation is more like a gathering for everybody including the mediator to air out what’s on their minds, in an effort to achieve mutual understanding and to rebuild trust.She keeps going back to the topic of sharing ideas and communicating with others.