Mediation of conflicts and disputes requires both legal mediation and moral influence. Moral education has the invisible power to abandon evil and promote good. In many cases, moral and ethical education makes it easier for the parties to accept mediation opinions convincingly, can reduce their resistance and actively perform their obligations, especially in marriage, family and inheritance disputes, because emotional factors play a relatively important role in such disputes. decisive role.
The limitations of law, the universality of civil behavior and the regulatory nature of morality determine that socialist moral education should be taken seriously when mediating conflicts and disputes. We know that the characteristics of civil behavior are: people can think that anything that is not explicitly prohibited by law is legal, so the scope of civil behavior is very wide; we know that the law only adjusts people's most basic behavioral norms, and most civil behavior does not have ready-made rules. We also know that morality not only adjusts people's behavior, but also adjusts people's ideologies, which is almost all-encompassing. Therefore, when mediating conflicts and disputes, we must not only pay attention to legal mediation, but also rely on moral norms, public opinion and people's conscience, and use basic moral concepts to persuade, guide, educate and save.
Second, be good at mobilizing various forces to participate in mediation.
People live in complex interpersonal relationships and are affected by various forces around them. Many times, the occurrence and resolution of conflicts and disputes cannot be accomplished by one person. Therefore, mediators must be good at mobilizing external factors that affect disputes and parties, and obtain support and help from relatives, friends and social forces of parties.
When mediating disputes, the mediator should be good at using relatives and trustworthy friends who are familiar with the parties' situation to participate in the mediation. Because these people understand the psychological dynamics of the parties and can generally talk and speculate with the parties from the perspective of their interests, their opinions are often valued and easily accepted. Especially for disputes in marriage, family, inheritance, etc., family members, friends, and elders can be involved in mediation, and timely advice and persuasion can generally promote mutual understanding, eliminate barriers, and resolve disputes. When mediating disputes involving clan groups, attention should be paid to mobilizing the assistance of senior and prestigious people.
The diversity of subjects, nature and content of social conflicts and disputes determines that the mediation of conflicts and disputes is a systematic project, and a "grand mediation" work pattern should be established in which the whole society participates, cooperates and mediates together. A common approach in practice is: for major and difficult disputes, we must proactively obtain support from the parties’ units, industry associations, and grassroots organizations; for some disputes that are difficult to resolve and pose real dangers, we must proactively contact the public security and legal departments.
Third, give full play to the role of people’s mediation and administrative mediation.
Mediation in our country mainly includes court (judicial) mediation, arbitration mediation, lawyer (legal worker) mediation, administrative mediation, people's mediation, etc. Here we only discuss people's mediation and administrative mediation to mediate the vast majority of disputes, and require that people's mediation and administrative mediation play both roles.
People’s mediation and administrative mediation are both related and different. From a connection point of view, firstly, the purpose of mediation is the same, which is to help the parties involved in the dispute resolve the dispute; secondly, the basis for mediation is the same, and the national law is the standard for judging right and wrong; thirdly, the principles of mediation are the same are based on the complete voluntariness of the parties; fourth, the mediation methods are the same, focusing on persuasion and education to persuade the parties to resolve disputes on their own. The difference between them is: first, the nature of mediation is different. Administrative mediation is a quasi-judicial mediation, while people's mediation is a form of people's exercise of their right to democratic autonomy. Second, the mediators are different. Administrative mediation is presided over by government staff, while people's mediation is presided over by mediators from the People's Mediation Committee; third, the jurisdictions of mediation are different. Administrative mediation governs specific economic and civil disputes between citizens and legal persons, legal persons and legal persons or other organizations, while people's mediation governs civil disputes involving civil rights and obligations between citizens, between citizens and legal persons and other social organizations; fourth, the procedures for mediation different. Administrative mediation must be conducted strictly in accordance with legal procedures, but there is no such provision for people's mediation; fifth, the effectiveness of mediation agreements is different. Some administrative mediation agreements have mandatory effect.
On the contrary, some mediators are simple, rude, vague and boring, and the more the parties listen, the more disgusted they become. Some mediators even harm the parties and are besieged by them. Paying attention to language arts is the key to mediating conflicts and disputes.
There are many ways to pay attention to language arts, and praise and encouragement are commonly used methods by mediators. By praising and encouraging the parties, the parties will feel that the mediator understands them, reducing the sense of strangeness, shortening the distance between the mediator and the parties, listening to the mediator's words, and laying a good foundation for successful mediation. When criticizing the parties, we should use indirect, euphemistic and implicit methods to "point to the point", that is, we should discover the parties' wrong behaviors and wrong ideas during the mediation process, find the right time, and raise them on the appropriate occasion, so as to correct the parties' mistakes. Make mistakes, protect their self-esteem, eliminate their confrontational psychology, and effectively avoid the disadvantages of entanglement, hurt feelings, and delayed work. Humorous language can often play an unexpected role in resolving conflicts and disputes. There has been such an example: the wife of a foreign celebrity is a shrew and often makes fun of the celebrity in front of everyone. Once, when a celebrity was having a party with his friends, the shrew made a big fuss and didn't feel it was wronged. She picked up a basin of water and poured it on the celebrity. This celebrity has a great sense of humor. He said: "I know it will rain heavily after thunder." Hearing this, everyone couldn't help laughing.