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Mediation research paper
Reflective on a mediation process
Theories about mediation
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Venue: Mediation and Restorative Justice Center
Mediation is the process of negotiating with the assistance of a third party. The third party termed a “mediator” is the guide of the process directing the interested parties through the stage of beginning, middle, and end, and hopefully ending the process, and hopefully ending the process with a resolution of the conflict. In recent years, courtroom litigation has been on the decline and the use of mediation has become the preferred method to resolve cases.
Many courts throughout the United States mandate that civil court cases proceed to mediation before moving ahead to a full blown trial. In Waukesha County, were my mediation observation took place, Judge Mac Davis issued and Order dated July 31, 2012, that all Waukesha County contested Small Claims matters are ordered to proceed thru mediation. For all contested cases, after the Defendant files their written Answer with the court, the Plaintiff is required to initiate scheduling mediation within 10 business days of the filed Answer. The parties may use any mediator they wish. However, if they do not agree on a mediator, Mediation and Restorative Justice Center is to be used.
George Hall, the mediator in the case I observed, astutely noted the benefit of mediation to both the Plaintiff and Defendant as “would you prefer a group of strangers deciding your case or would you rather decide it for yourself?” This mantra presented by Mr. Hall is very persuasive. Given the opportunity, most individuals would rather decide their own fate, rather than have collection of individuals who they never meet, make the ultimate decision for them. Here, Mr. Hall’s goal was to reinforce that notion that is was beneficial for...
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... a contest of what side actually had the “stronger case” and when periods of the mediation would hit a roadblock, at which point he would step in as a “neutral” and ask “evenhanded, probing questions to the participants.” Upon getting the discussions back on track, he returned to being an observer. Mr. Hall also tried to improve the rapport of the parties when necessary. A perfect example is when the participants were mainly on the same page regarding the liquidation of jointly held assets except for a few sentimental items that represented a deep personal significance to each person. Mr. Hall showed great empathy to both sides on this issue and mutual respect formed between the disputing parties, which made it easier for Mr. Hall split up these articles and not let it unravel all of the other work that done as a collective to get to this point.
In considering the probable benefits of mediation, Ridley-Duff & Bennett (2011) argues it would be helpful to consider various critical underlying theoretical questions: What is the reasons the negotiation failed? What are the barriers of effective resolution conflict by negotiation? Mediation saves time, money, promotes communication and cooperation, provides an environment to voluntarily resolve disputes, private and confidential, can reduce hostility and encourage healthy relationships, stress, can result in a win-win solution (Clarkson, Cross, Jentz & Miller,
A good mediator steers the couple away from arguments and name-calling and makes the process as businesslike as possible. Mediation eliminates much of the rancor found in divorce court. The mediation process focuses on the real-life issues occurring at the end of a marriage instead of rehashing past ill will. A mediator doesn’t advise either partner, but helps them arrive at the best decisions possible through discussion and compromise.
Unique challenges can be faced when attempting to repair the harm caused by domestic violence. One way to repair the harm caused by domestic violence is restorative justice. This paper will break down the meaning of restorative justice. It will also discuss restorative justice approaches to helping victims of domestic violence. An examination into the potential benefits and harms of restorative justice in domestic violence cases will be addressed. Finally the paper will discuss how social workers can benefit from the use of restorative justice when it comes to helping victims of domestic violence.
Sue contracts with Tom to deliver a quantity of computers to Sue’s Computer Store. They disagree over the amount, the delivery date, the price, and the quality. Sue files a suit against Tom in a state court. Their state requires that their dispute be submitted to mediation or nonbinding arbitration. If the dispute is not resolved, or if either party disagrees with the decision of the mediator or arbitrator, will a court hear the case? Explain. (See Alternative Dispute Resolution.)
Individuals are considered in the restorative process. Restorative justice focuses on who was harmed, what are their needs and whose obligations is it to attend to those needs (Lecture notes). Victims needs are addressed through meeting their offender and having their questions answered. Therefore, individuals are seen as interconnected. There cannot be healing without relationships being formed through the restorative justice process. Therefore, the crime is not seen as an isolation and blaming the offender is not helpful. Building relationships and taking responsibility allows for healing.
Umbreit, M. and Coates, R. (1992) Victim offender mediation: an analysis of programs in four states of the US Minneapolis: Minnesota Citizens’ Council on Crime & Justice
Over the years, the traditional criminal justice system has emphasized offenders’ accountability through punishment and stigmatization. The emphasis on the retributive philosophy made it challenging for the system to meaningfully assist and empower crime victims. In the criminal justice system, victims often face insensitive treatment with little or no opportunity for input into the perseverance of their case and report feeling voiceless in the process used (Choi, Gilbert, & Green, 2013:114). Crime Victims, advocates, and practitioners have called for an expansion of victims’ rights and community-based alternatives rather than punishment-orientated justice policies. What victims want from the criminal justice system is a less formal process, more information about case processing, respectful treatment, and emotional restoration. Therefore, there is a growing need to progress towards the restorative justice (RJ) system.
Ott, Marvin C. "Mediation as a Method of Conflict Resolution: Two Cases." International Organization 26.04 (1972): 595-618. JSTOR. Web. 3 Dec. 2013.
I will like to apply my research to two aspects of restorative justice : offender suitability and offender-community participation in restorative justice programs. My proposed research seeks to explore the factors that determine an offender’s suitability for participation in restorative justice process, how important is the gender of the offender or nature of offence he/she committed in this regard? The study intends to examine the effects of these factors on the community’s participation in the restorative justice process, it also attempts to assess if participation in restorative justice programs may on enhance the trust of the community in the criminal justice system by reducing their
Tinneke Van Camp of California State University, Fresno and Jo-Anne Wemmers of the University of Montreal conducted a research of how victims might like to be offered the restorative justice approach to resolving their issues. They provide, “Independent studies reveal that when done properly, restorative justice (RJ) practices outperform criminal justice proceedings in meeting victims' concerns for insight, voice, and fairness and, as a result, can have therapeutic value. Introducing RJ to victims of crime should be done responsibly, and, therefore, it is important to understand whether and how victims want to be informed about RJ,” (Van Camp, Wemmers 2016). For their research, they decided to interview 34 victims using two different approaches
Justice Justice is defined as the maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishments. In the case of upholding the law, punishment is the usual assignment. The purposes of punishment include retribution, deterrence, rehabilitation, incapacitation, and restoration. Although, punishment concepts such as retribution, deterrence, and incapacitation have been around for a while, the concepts of rehabilitation and restoration are fairly new.
Domestic violence and rape are to major topics were can see this happen at any type, knowing that it is hard to have a control over it for many factors. Factors that can go from poverty, addictions and family instability, showing that these major facts affect not only adults but also kids. Children’s probably are the most vulnerable in these situations, plus many of the crimes that happen inside of each family home if they have one of these major problems. Drug and alcohol addiction contribute to a person with depression and anxiety or PTSD, knowing that the only solution is to use something in order to forget the reality of their circumstances. Meaning that because of these addictions combined with the anxiety this person becomes a dangerous
Document ID: 671516321. Poitras, J. (2007). The 'Standard' of the 'Standard'. The Paradox of Accepting One's Share of Responsibility in Mediation. Negotiation Journal, 23(3), 267-282.
The ADR process that is used in a particular situation depends on the circumstances of that case. According to the Commercial Division of the Supreme Court, New York County, the principal forms of ADR are the following: 1) Mediation- A process in which a Neutral attempts to facilitate a settlement of a dispute by conferring informally with the parties, jointly and in separate “caucuses,” and focusing upon practical concerns and needs as well as the merit of each side’s position; 2) Neutral Evaluation- A process in which an expert Neutral receives a presentation about the merits from each side and attempts to evaluate the presentations and predict how a court would decide the matter; 3) Arbitration- A process in which the parties present evidence to a neutral or panel of Neutrals, who then issues a decision determining the merits of the case. An arbitration may be binding or advisory, depending upon the agreement of the parties. If binding, the decision of the arbitrator (s) ends the case, subject only to circumscribed review pursuant to Article 75 of the Civil Practice Law and Rules.
...sfied with the outcome and resolution from the mediation session, the parties are given liberties to engage with a court procedure.