Conflict Management Strategies in Mediation 189
The hypothesis in which the parties speak to each other is sufficient to
resolve the conflict is not always a reliable hypothesis, as most of the parties'
interests and needs remain hidden, so that the mediator must and must find
other means of communication to accurately find out what are the parties'
wishes, their importance as well as the effective ways of resolving the dispute.
The mediator must be very careful about the way the messages are
transmitted and must ensure that they have been received and interpreted
correctly. A concrete analysis of the person receiving the messages must be
made, meaning that it is the decision-making authority, if he is psychologically
prepared to listen to the message. If the message is to be transmitted to a group
of people, the moderate persons in the group must be accurately analyzed and
identified, if there is a bureaucratic or psychological hierarchy in the group, as
well as the protocol to be followed in order to transmit the message11.
This elaborated analysis can be made more accurately by observing the non-
verbal communication of the persons involved in the communication process,
namely the gestures, the visual contact and the outfit, as well as all the elements
related to the space proxy and how the parties understand to relate to it12.
The role of the physical space and the placement of the parties in the
communication process is vital and its ignorance can sometimes lead to the
blocking of the communication dynamics and as a result it can amplify the
Physical space and communication can also have a cultural approach,
cultural influences on emotions as well as their way of dealing with them, wrong
perceptions, and stereotypes, inevitably lead to difficulties of nature that prevent
the establishment of effective strategies for solving I disputed13.
It is forbidden in the mediation procedure to use communication as an
element of social influence or information manipulation, through the use of
manipulative practices, rumor, intoxication or misinformation, even if the
intention is proactive and positive, because they will negatively influence the
possibility of the parties. to resolve their dispute on the basis of accepted
objective and unanimous criteria. The manipulation and misinformation can
induce in the mind of the conflicting parties that certain situations are real when
in reality they are false risking that the subsequent escalation of the conflict will
be a direct consequence of the use of these techniques14.
11 Idem, p. 126
12 Freddie Strasser, Paul Randolph, MediatIon, A Psychological Insight into Conflict
resolution, Ed. Continuum, London, 2004
13 Cristopher W. Moore, The Mediation Process, Ediţia a III-a revizuită, USA, 2003, p.193
14 Laura Maruşca, Comunicare şi Conflict, Managementul comunicării în soluţionarea
amiabilă a Conflictelor, Bucureşti, Tritonic Publishing, 2010, p. 34;