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Mediation research paper
Conflict management and dispute resolution
Conflict management and dispute resolution
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It is well known that mediation teaches lessons whether its outcome is successful or not. Spending some time to reflect and assess the mediation role-play assigned in class helps to advance my proficiencies in mediation which will eventually lead in delivering enhanced assistances to anyone who request them. Prior to the role-play in class I did not have any official experience or certification for mediation other than the unofficial mediation within family or friends for low-importance issues. There is analytical importance behind the self-reflection in mediation in various stages. Reviewing the process of mediation and its role-play taught me and uncovered critical aspects of the mediation practice and its required skills. Through the mediation, …show more content…
I perceived parties that are in dispute and divergence to be reluctant and unenthusiastic to permit a third side outside of their comfort zone to take control and lead their conflict to an objective solution (Coleman, Deutsch, & Marcus, 2014, p. 142). Moreover, I sensed that it is rarely possible to locate a mediator with an impartial viewpoint on the dispute but with the required and minimum experience within the field of the issue, and the capability to provide all sides with uniform and equivalent chance to support and clarify their points of view (Moore, 2014, pp. …show more content…
It seemed impossible to built the necessary trust, as a real mediator would have done. Through the mediation role-play, I appreciated that trust can be built to some extent, which will help to the success of the process. Moreover, I recognized the importance of the opening statement and the necessity for clarifying several aspects of it such as logistics, method and ground rules to be used (Moore, 2014, pp. 325-340). One more aspect of mediation that challenged me was the need to evolve and initiate open-ended questions to obtain more dispassionate information on the
Decisions are difficult, especially between two opposing parties determined to get their way. Most likely, some sort of agreement called a compromise is reached. Compromise, a seemingly perfect concept, can be an essential part of success as it resolves conflicts on both an international or personal level and benefits both sides of any argument. However, if this tool is used incorrectly by means of overuse, underuse, or simply wrong timing, that perfection turns into detriment.
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,
...e personality clashes or warring egos, I believe it is important to act as a mediator that actively listens, when using confrontation techniques. Managing the conflict is about finding a mutual solution that is amicable to all parties concerned. For the mediator it is most important to have the ability to define the problem while acting as an intercessor and look for alternatives in its resolution while diffusing the conflict.
Kriesberg, L. (2001). Mediation and the Transformation of the Israeli-Palestinian Conflict. In Journal of Peace Research, 38, 3, 373-392.
M. E. McGuinness (Eds.), Words Over War: Mediation and Arbitration to Prevent Deadly Conflict (pp. 293-320). New York: Rowman and Littlefield Publishers, Inc.
This source further substantiates the sensibilities behind a collaborative law process, building upon court mediation and taking it a step further. It provides a “real-world” example which can be evaluated and used to support a conceptualized structure for a neutral legal firm to function within.
So in my opinion, the mediator’s role is to try to reach a balance between the two parties of the conflict to encourage the exchange, and to facilitate the negotiations between them to reach a mutual solution that will hold reciprocal satisfaction.
In today’s culture, there is a prevalence of media. It has taken many forms, from older formats like radio and television and magazine to more modern formats like video games and internet videos. The forms of media are constantly changing, as are the forms of content on that media. This prevalence presents a necessity for parents to control, in some form, the content their children watch. This concept is known as parental mediation, defined as the “strategies that parents employ to guide [a] child’s media use” (Nikkelen, Vossen, Piotrowski, & Valkenburg, 2016, p.659). The act of mediation is an essential part of parenting in the modern era. By looking at the various techniques of mediation and acknowledging their effects, parents will be better prepared for the inevitable time when the topic needs to be addressed with their children.
Ott, Marvin C. "Mediation as a Method of Conflict Resolution: Two Cases." International Organization 26.04 (1972): 595-618. JSTOR. Web. 3 Dec. 2013.
Retrieved January 23, 2012, from ABI/INFORM Global. Document ID: 1313496891. Poitras, J. (2009). The 'Standard' of the 'Standard'. What Makes Parties Trust Mediators?
When communication is difficult and critical decisions are put on hold, families may take the help of a skilled mediator & Conciliator. In mediation and conciliation, people deal with the problems and issues under dispute in a timely fashion and in privacy. It is a cooperative rather than an adversarial process, so participants are often able to repair their strained relationships. Because family members develop their own solutions, which reflect their family’s unique satisfaction with the outcome is quite high and these resolutions tend to the workable and long
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,
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.
...ic Use of Multiple channels of Negotiation in Middle East Peacemaking’, 2001, A Thesis Presented to the Faculty of The Fletcher School Of Law And Diplomacy Tufts University, viewed at http://repository01.lib.tufts.edu:8080/fedora/get/tufts:UA015.012.DO.00003/bdef:TuftsPDF/getPDF on 10 April 2012 .