Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Mediation research paper
Conclusion of conflict management
Mediation research paper
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Mediation research paper
1) The five conflict handling modes are avoiding, competing, accommodating, compromising, and collaborating.
The avoiding handling mode is categorized by low assertiveness and cooperation. The conflict is not being resolve or directly addressed. Over avoiding can contribute to resistance and resentment over time. Failure to use avoiding as a handling mode can be a problem when it can be useful as a tool to cool of a conflict before further addressing it in another manner.
The competing handling mode is categorized by high assertiveness and low cooperation. A competitive individual seeks to reach their preferred outcome that will satisfy their needs and wants at the expense of other individuals. Over competing can lead to ignoring others
…show more content…
wants and needs and ultimately might lead to ignoring important concerns. The competing handling mode can be used appropriately when the goal requires quick action and there is little hope of an agreement otherwise. The accommodating handling mode is categorized by low assertiveness and high cooperation.
An individual who accommodates will put aside their own goals in favor of the needs of others. Over accommodating can lead to ones own needs and wants to not be taken into consideration. Under use of accommodating can lead to the other individuals needs and wants not being considered.
The compromising handling mode is categorized by equal levels of assertiveness and cooperation. Under this handling mode both parties have similar goals and work together to meet each other halfway. Overuse can lead to long-term drawbacks since it might offer a short-term solution. Underuse can lead to ignoring the wants and needs of an individual party or both.
The collaborating handling mode is categorized by high assertiveness and cooperation. This mode involves both sides to work together towards a solution that meets the goals and objectives of all persons involved. This can be the ideal handling more in addressing a conflict. However, it is the most time consuming.
…show more content…
2) Facilitative mediation, the mediator structures the process to assist the parties in reaching a mutually agreeable resolution. The mediator asks questions; validates and normalizes parties' points of view and assists the parties in options for resolution. The facilitative mediator does not make recommendations to the parties, give his or her own advice or opinion as to suggest the outcome of the case. The mediator structures the process, while the parties are in charge of the resolution. Evaluative mediation, the mediator assists the parties in reaching resolution by pointing out the limitations of their cases, and predicting what a judge likely rule. The mediator might make recommendations to the parties as to the outcome of the issues. Evaluative mediators are concerned with the legal rights of the parties rather than needs and interests. They help the parties and attorneys evaluate their legal position and the costs vs. the benefits of pursuing a legal resolution rather than settling in mediation. The evaluative mediator structures the process, and directly influences the outcome of mediation. Transformative mediation, the mediator tries to empower each of the parties as much as possible, and helps the parties recognize the other parties' needs and interests.
Transformative mediators want to allow and support the parties in mediation to control the direction of their own process. In transformative mediation, the parties structure both the process and the outcome of mediation.
3)
Stage 1: Mediator's opening statement. After the disputants are seated, the mediator introduces himself to everyone, explains the goals and rules of the mediation, and encourages the parties to collaborate toward a resolution.
Stage 2: Disputants' Opening Statements. Each party in their own words explains what the dispute is about and how they have been affected by it, and how they want to resolve it. While one person is speaking, the other party cannot interrupt.
Stage 3: Joint Discussion. The mediator brings the parties together to start talking directly about what was said in the opening statements. The issues that need to be addressed are also determined at this
time. Stage 4: Private Caucuses. The private caucus is a chance for each party to meet privately with the mediator to discuss their position and new ideas for settlement. These private meetings are considered the confidential unless given permission to disclose. Stage 5: Joint Negotiation. After caucuses, the mediator brings the parties back together to discuss further. Stage 6: Closure. This is the end of the mediation. If an agreement has been reached, the mediator may put its main provisions in writing. If no agreement was reached, the mediator will review the current progress that has been made and discuss their options, such as meeting again or going to court. 4) Reality testing, allows the meditator to help the parties step back and get a more inclusive perspective. Through reality testing the mediator helps the person see the divide in their position for themselves and thus allowing a more structure thought process. BAT/WATNA, it allows the mediator to demonstrate the best alternative or likewise worst alternative to a case. The goal is to have both parties acknowledge that there are options and clearly one might be better then the other. Often helps the parties see that failing to come to an agreement is not the solution they are after. Flip side, involves asking one party to see the dispute from the perspective of the other party. The idea that after acknowledging the perspective of the other party it might allow for more alternatives to derive to solve the conflict. 5) Step 1: Create an effective atmosphere, mentally prepare yourself to understand what exactly you want to discuss with the individual. Pick a location that is appropriate and a time that works for both parties. Step 2: Clarify perceptions; clarify what the conflict is really about, use effective listening skills and clarify realistic expectations. Step 3: Needs and interest, Address and identify each parties needs and interest Step 4: Build share positive power, develop positive power, remember to clarify anything you don’t understand and ask questions. Step 5: Look to the future first, then learn from the past, romancing the past is not looking forward learn from the past but look forward at the goal. Step 6: Generate options, mention a resolution and brainstorm plausible options. Step 7: Develop doables, make plausible small options that can be agreed upon right away Step 8: Make mutual beneficial agreements, ultimately decide on a solution that meet both parties needs and interests.
*Stage 3: People at stage three begin to value the respect of the opinion and
In several occasions, conflict occurs in the communication of one or two people. Several people have thought of conflict as cases involving pouring of furious anger in a communication process. Nonetheless, conflict is the misinterpretation of an individual’s words or values (Huan & YAzdanifard, 2012). Conflict can also be due to limited resources in an organization (Riaz & Junaid, 2010). Conflict may as well arise due to poor communication or the use of inappropriate communication channel of transmission of information between the involved parties. Management of conflict has various conflict management styles that include avoidance style, forcing style, passive-aggressive style, accommodating style, collaborating style and compromising style. Workplace conflict comes in two different kinds: task involving conflict, which focuses on the approaches used in resolving the problem and blaming conflict that has the aspects of blame and never brings element of resolving problems between the conflicting parties. In the perception of several individuals, relationship conflict is negative.
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.
Juror 8 's success in persuading the other 11 jurors was a direct result of his having effectively followed the stages of the negotiation process. In Conflict Management, five stages of the negotiation process were identified as preparation, introduction, initiation, intensification, and closing (Budjac Corvette, 2007). In 12 Angry Men, juror 8 utilized preparation, introduction, and intensification stages to effectively persuade the other jurors.
Describe a technique from the textbook (pages 165 - 167 and/or page 170) for reducing defensiveness during the conflict resolution process.
It use in highest dimension of assertiveness and cooperativeness. There is a situation where each of the parties willing to attain a common goal and fulfill all parties’ interest. It is very effective in a complex scenarios where need to reach a better solution to seek “win win” outcome. The parties intend to solve problems by settling differences rather than adapting different point of view. Both parties discuss various views and merge different opinions together. They put under interest into a consensus to get commitment. The positive way is to say out idea and deal with other party so it would not cause problems later. The negative of collaborating is numerous time commited in identifying in a smaller issue which is not worth to satisfy both parties' needs. Conflict-handling intention of collaborating can use in several ways.For example, when the relationship of both issue on hand is important. When both parties' level and right are relatively equal. When one party depend on one another party to carry out solution. For example, both employees have important goals to achieve, they can use conflict-handling intention of collaborating to gain consensus commitment and interest. So, collaborating is the best conflict-handling intention in an
Many people enjoy working or participating in a group or team, but when a group of people work together chances are that conflicts will occur. Hazleton describes conflict as the discrepancy between what is the perceived reality and what is seen as ideal (2007). “We enter into conflicts reluctantly, cautiously, angrily, nervously, confidently- and emerge from them battered, exhausted, sad, satisfied, triumphant. And still many of us underestimate or overlook the merits of conflict- the opportunity conflict offers every time it occurs” (Schilling, nd.). Conflict does not have to lead to a hostile environment or to broken relationships. Conflict if resolved effectively can lead to a positive experience for everyone involved. First, there must be an understanding of the reasons why conflicts occur. The conflict must be approached with an open mind. Using specific strategies can lead to a successful resolution for all parties involved. The Thomas-Kilmann Conflict Mode Instrument states “there are five general approaches to dealing with conflict. The five approaches are avoidance, accommodation, competition, compromise, and collaboration. Conflict resolution is situational and no one approach provides the best or right approach for all circumstances” (Thomas, 2000).
workplace include greater total resources, greater knowledge band and a greater source of ideas. However, these advantages can also bring on conflict within teams and the entire workplace. Varney (1989) reported that conflict remained the number one problem within a large company. This was after several attempts were made to train management in conflict resolutions and procedures. However, the conflict remained. The conflict possibly remains because the managers and leaders did not pay attention to the seriousness of the issue. In order to maintain an effective team, leaders and team members must know and be proactive in the conflict resolution techniques and procedures.
In addition to the investment model, Rusbult (1991) proposed the concept of accommodation process to help explain conflict resolution in relationships. Accommodation processes refer to the tendency of an individual to respond to her or his partner’s destructive actions with a constructive action. Rusbult (1991) described four distinct accommodation processes: exit, voice, neglect, and loyalty behaviors. The four behaviors can be classified as either constructive or destructive and as passive or active. Exit behaviors actively aim to end the relationship by performing actions that signify intent to leave the relationship (e.g., storming out of a room during an argument). Neglect behaviors refer to passive avoidance of the partner or issues regarding the partner, such as an individual not acknowledging her or his partner’s feelings as a result of anger. Both types of behaviors damage the relationship, and are therefore classified as destructive. Contrastingly, the constructive behaviors of voice and loyalty work to benefit the retention of the relationship. Voice behaviors encompass active, positive communication in response to destructive behavior from the partner (e.g., consoling an angered partner). Loyalty is categorized as a passive behavior in which the individual remains hopeful that the condition of her or his relationship will improve. Although exhibiting constructive behavior may benefit the relationship, lack of destructive behavior appears to be more consequential than the presence of constructive behaviors (Rusbult, Verette, Whitney, Slovik, & Lipkus, 1991).
Although functions of mediators and arbitrators have several characteristics in common, there are significant instrumental differences that make them distinct from one another. Firstly, whereas the arbitration process is similar to litigation in its adversarial nature, in which parties have the objective to win the dispute, the fundamental goal of mediation is to bring the disputants to settlement through compromise and cooperation without finding a guilty party. In arbitration, parties compete against each other in “win-lose” situation. During mediation, parties work on mutually acceptable conditions with the assistance of a facilitator. In this process, mediators do not have power to make decisions, they work to reconcile the competing needs and interests of involved parties. The mediator’s tasks are to assist disputants to identify, understand, and articulate their needs and interests to each other (Christopher W. Moore,
The first stage of the negotiation is preparation. It is the fundamental process of negotiation. The purpose of preparation is to identify the opposing interests and priorities on the issue addressed (Ya’akub, 2014). The negotiator must have the information and knowledge of factual facts regarding the issue discussed. In addition, it is also to ensure that the negotiator be knowledgeable about the relevant information of the matter addressed. During this stage, the preparation includes the outlining of both sides negotiator interests for the purpose of identifying common interests among them (Ya’akub, 2014). It is important in order to ensure that mutual agreement will be achieved. This is because both sides of negotiator will have different interest in the same issue that will be addressed. Other than that, the preparation also includes the preparation for alternative options in case the initial options are rejected. As for this reason, the outcome of the negotiation is depending on how well does the negotiator being prepared for any possible change of plan. Moreover, the negot...
Following the introductory part the book continues with the topic of 'negotiation'; "Negotiation consists of discussion between officially designated representatives" (25) of states to achieve an agreement over an issue, it is a lengthy and time consuming process that undergoes three important stages. Pre-negotiation is the first phase in which the parties agree on the need for negotiating.
Mediation is a way to solve a dispute without having to resort to court procedure which sometimes could turned out to be rigid, formal and time consuming especially when it needed a lot of paperwork and the possibility of adjournment which could consume years. Besides that, unlike in court, mediator as a third impartial party did not acted as a judge who decides on the resolution however, the mediator will help the parties to explore the needs and issue which before preventing them from achieving a mutual resolution and settlement. The mediation process gave the authority towards the parties to agree with each other and open up the chance for the parties to meet with a resolution at the end of the mediation session.
Some individuals are stuck especially on this method and it is ok for other employees to engage them in other methods as well. Co workers can assist in the transition from avoidance style to other conflict methods by first reassuring that emotions are stabilized so accurate facts, feelings and detailed goals regarding the conflict can be understood as effectively as possible. Energy infuse nice by strong emotion is the needed factor to implement and action plan. By acting out different roles or writing out a plan can ease the transition from avoidance to mother affective conflict solving methods. The individual being of assistance may need to come of as assertive to take control and have promptness in the transition. By also developing and proving pros and cons of other method besides avoiding can help with an easy transition.(Eilerman 2015) Some people have only used avoidance and never directly approached a conflict so they are either scared or ignorant when it comes to affective communicating
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).