Collecting information about fair outcomes. What are norms and criteria? Which fair solutions have been used and accepted in this community?
By setting pre-rules and to make them clear to parties involved.
1. Adversarial by applying
2. To send in advance to all involved parties a copy of all the documents, so that everyone can prepare themselves.
3. That both parties have the opportunity to tell their whole story and their view;
4. To ask parties, how they want the conflict resolution process to go (eg 1 or 2 times their point across and then respond to what the other has said or written only to make known their views).
To find an acceptable sharing rule the facilitator could gather data and analyse the local custom about what is considered fair. On basis of this information and based on the experience of successful and similar cases in the past, mediators could inform parties.
Questions to find a sharing rule:
Fisher and Ury recommend asking the other party who is doing a proposal questions such as: What is your theory? How did you arrive at this figure?
Fisher & Ury, Getting to ‘Yes’. 1982
On the need for concrete criteria in the law in the books or law in action.
Barendrecht, M and Kamminga, P. (2004) Effectief conflict oplossen
A conceptual paper (that also integrates empirical studies and evidence) on different sources of sharing rules:
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