Mediation as a form of alternative dispute resolution is becoming increasingly abundant in Trinidad and Tobago. A more formal definition of mediation describes it as ‘a process in which a neutral third party helps the disputing parties to reach mutually acceptable resolution of some or all of the issues involved in the dispute (Deutsch, Coleman & Eric, 2006). Mediation allows for the peaceful resolution of most types of conflicts including family matters, neighbourhood disputes and property disputes. This form of conflict resolution removes the potential of cases going through the formal justice system. In fact, mediation has been proven to be quite successful in its use in Trinidad and Tobago. A pilot project was done by the Dispute Resolution Center 2010. In this project, 60 litigation matters were chosen for court annexed mediation. After the project was done, results showed that it yielded a success rate of 60% and a customer satisfaction rate of 95% (Unknown, 2012). Even though mediation was in its early stages, the results showed that people were contented with the outcomes against having to go through the process of the justice system. The mediator, although facilitates talks between parties, has a very important role. Apart from being well trained and verse in the field, the mediator has specific rules and regulations which must be carefully followed before during and after the mediation process. These rules and regulations are carefully outlined in the Mediation Act 2004; section entitled the Code of Ethics (Mediation Act, 2004). This paper will seek to outline the extent to which the Code of Ethic is effective in guiding mediators to act in accordance with ethical standards as well as identify any areas where there is sc...
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...ased regulation of the practice of mediation. Retrieved from http://www.mediate.com/articles/GrifoJ1.cfm
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Keashly, L., & Waters, W. (2000). Working it out: Conflict in interpersonal contexts. In L. Fiske & J. Schellenberg (Eds.), Patterns of conflict: Paths to peace Ontario: Broadview Press Ltd.
Mediation Act of Trinidad and Tobago, 2004,First Schedule, clause 1-13.
Unknown. (2001, March 25). Swede accused of conflict of interest over Sudan. Zenit. Retrieved from http://www.zenit.org/en/articles/swede-accused-of-conflict-of-interest-over-sudan
Unknown. (2012, December 12). Court annexed mediation.Trinidad and Tobago Newsday. Retrieved from http://www.newsday.co.tt/letters/0,132360.html
Waldman, E. (2011). Mediation ethics: Cases and commentaries. San Francisco: Jossey-Bass.
As much as some of us dislike conflict, it is inherent in human nature. After all, it is like a wall that keeps us from moving forward in the path of life, but we must understand that those walls merely act as temporary challenges that are yet to be solved. Some conflicts may be insignificantly trivial, and some may be quite immense. Some conflicts may be happening within ourselves, and some may be accompanied by another person. Regardless, we must learn not to run away from conflict, but rather to run over them with a determined demeanor as the conflicts that we encounter in our lives are what helps us learn and grow as an individual. Furthermore, learning and growing from conflict is what shape individuals and what prepares us for the upcoming challenges that life will throw at us in the future.
We all go thru different phases and life changes in our lives creating more needs and solutions to our problems. Many of us handle conflict negatively and think conflict is bad. Therefore, the best way to resolve conflict is learning how to handle things in a better way. This means understanding the person and understanding what has created the conflict and miscommunication. The book, “Difficult Conversations,” helps us learn different perspectives and needs to our conflicts and learning how to resolve conflict and what has created people to have different standards in their personal culture.
Pruitt, Dean G, and Sung Hee Kim. Social Conflict: Escalation, Stalemate, and Settlement. 3rd ed. 2004. New York: McGraw-Hill Higher Education, 2004.
Maiese, Michelle. "Social Status." Beyond Intractability. Eds. Guy Burgess and Heidi Burgess. Conflict Information Consortium, University of Colorado, Boulder. Posted: September 2004 .
Abigail, R. A., & Cahn, D. D. (2011). Managing conflict through communication. 4th Ed. Boston: Allyn and Bacon.
Cobb. (2014). Lecture D on communication and conflict. Personal Collection of R. Cobb, Simon Fraser University, Burnaby, BC
Hocker & Wilmot, 2007, Poole, & Stutman, 2005 Folger and 2007 Cahn& Abigail. "Interpersonal Conflict and Conflict Management." Devito, Joseph A. The Interpersonal Communication Book. Boston: Pearson, Allyn & Bacon, 2009. 276.
Interpersonal conflict is very common with many relationships. It occurs when two people can not meet in the middle or agree on a discussion. Cooperation is key to maintaining a healthy debate. More frequently; when dealing with members of your own family, issues arise that include conflict and resolution. During this process our true conflict management style appears “out of thin air”. (Steve A. Beebe, 2008, p. 191).
Pevehouse, Jon C. "International Conflict." International Relations. By Joshua S. Goldstein. 10th ed. N.p.: Pearson Education, 2014. 153-88. Print.
According to McShane and Von Glinow, conflict is “a process in which one party perceives that his or her interests are being opposed or negatively affected by another party” (328). The Conflict Process Model begins with the different sources of conflict; these sources lead one or more parties to perceive that a conflict exists. These perceptions interact with emotions and manifest themselves in the behavior towards other parties. The arrows in the figure illustrate the series of conflict episodes that cycle into conflict escalation (McShane and Von Glinow 331-332).
Pruitt, D. G., & Kim, S. H. (2004). Social conflict: Escalation, stalemate, and settlement. (3rd ed.). New York, NY: McGraw-Hill Higher Education.
DuNann Winter, D., & Leighton, D. C. (2001 ). Structural Violence . Peace, conflict, and violence: Peace psychology in the 21st. New York : Prentice-Hall.
Halperin, Eran. "Review Of 'The Nature Of Hate'." Peace And Conflict: Journal Of Peace Psychology 18.1 (2012): 101-103. PsycARTICLES. Web. 5 Dec. 2013.
Partners Global (2013) Conflict Management and Resolution Methods – Partners for Democratic Change. [online] [Accessed 4th December 2013] http://www.partnersglobal.org/how/conflict-resolution
However, must be bear in mind that the mediator is at no power of making decisions which bind the parties. The mutual agreement or resolution which achieved during a mediation process will need enforcement by registering the resolution or settlement agreement in court. Although mediation seems like a better solution than the court process however, must be remember that not every mediation session will end up with a settlement or resolution as wanted, take for example a mediation which took place between one of Malaysia celebrity, Hanez Suraya and her Public Relation (PR) Officer, Mohd Fairus...