Challenges of Being an Advocate and Neutral Facilitator

A special research field in the mediation literature intends to shed light on the question, how influential the impact of mediator’s characteristics and motivations on the mediation process is. Concerning the state of research, the studies of this debate show a divergent picture. There are scientists who have queried the significance of mediator’s impartiality (Bercovitch/Houston 1996; Kydd 2003, Touval 1982; Zartmann/Touval 1996). Scholars like Saadia Touval have underpinned that mediators are often biased and can perform their tasks just as well if not better as impartial mediators. Additionally, Touval and Zartmann stated in their study that mediation is an exercise in power politics: “leverage is the ticket to mediation” (Touval/Zartmann 1989: 129). In 2003, Kydd finds that mediators use their leverage to one of the two conflicting parties and therefore constraint concessions. Thus, the mediator must be biased to be effective. This means that merely a mediator who is biased towards one side can credibility tell them that the opponent will not make peace without the concession. Carnevale and Arad (1996) also remarked the importance of bias. Nevertheless, they suggest that impartiality should not be underestimated and therefore be taken in to consideration.

Traditional approaches to mediation assume that a conflict’s parties and a mediator share one compelling reason for initiating mediation: a desire to reduce,abate,or resolve a conflict.To this end,both sides may invest personnel,time,and resources in the mediation.This shared humanititarian interest maybe the only genuine reason in a few instances of mediation,but normally even this interest intertwines with other, less altruistic,

Human Services is a fascinating field. Throughout this field, there are many different ways which one can help their fellow man. During my travels of re-education, I have learned how much one can help and how much people need help from others. Through this assignment, I came across the following websites which reaffirmed my mission in life; to care and help for others.

Fells (2016, p. 211) wrote “ just as a doctor works to bring a person back to health, so too a mediator works to bring a deadlocked negotiation back to a situation where the parties can reach agreement”. This essay discusses this statement with reference to contemporary research on dispute resolution. In order to comprehend how this is achieved, we must consider the essence of mediation, the different types of mediation and what mediators do. Negotiation and mediation are process used to resolve opposing preferences between parties. Negotiation is defined in Fells (2016, p. 3) as “a process by which two parties with differences that they need to resolve try to reach agreement through

Incorporation of advocacy and mediation in human services advances conflict resolution through advocacy and mediation. Professionals in the human service field acknowledge the advantages of alternative conflict resolution applied in mediation promoting shared change. A mediator is a neutral third party who assists to resolve a disagreement or conflict by exploring crucial issues, resolve misunderstandings, look at solutions, and discuss a jointly favorable outcome. Mediators set up guiding principles throughout the mediation process. In addition, mediators help better the communication among disagreeing

A difficult dilemma exists today in the American healthcare system concerning the rights of healthcare and religious institutions, universities with religious affiliation, and private business owners who refuse to provide insurance that covers abortion related services and or medications pertaining to such services. This quandary also encompasses individual practitioners such as physicians and nurses who refuse to participate in this practice. The Affordable Care Act (ACA) now requires contraceptive coverage, and contraceptive counseling for those businesses and practitioners who participate in the Health Insurance Marketplace, (HealthCare.gov, 2016), and in some states, the ACA also requires that

Recently in Colorado, a religious man in a Planned Parenthood unit in Colorado Springs shot four people. Religious protesters often surround the Planned Parenthood’s unit in Stapleton, where the abortion procedures take place. It is clear that religion plays a big role in women’s health issue. However, if abortion is a very sensitive matter because it would be a murder for some individuals, using birth control is as despicable as using condoms – which no one considers to demand a prescription for. For those who seriously believe that life starts right at the fecundation moment, birth control should not pose an issue. And if there’s a study that proved that abortions among teenagers dropped so considerably, turning the birth control more accessible should be something desirable, at least to avoid a “greater

Planned Parenthood Clinics has been a topic of debate for years. For example, for many women the clinic offers services to help them with health related issues including reproductive services. These clinics have empowered women to make decision regarding their own bodies and health. On the other hand people believe that the clinics offer services that are in conflict with their religious beliefs. They believe the only services these types of clinic offer women are abortions.

Politicians, especially the old men who think that they know what is best, should not be voting on whether women should have their basic rights to their own bodies. President Obama agrees, he even stated, “As we mark the 39th anniversary of Roe v. Wade, we must remember that this Supreme Court decision not only protects a woman’s health and reproductive freedom, but also affirms a broader principle: that government should not intrude on private family matters,” (Obama, 2012). Most states have strict abortion policies, which makes it difficult for women. Forty-two states have gestational limits, in which the states can prohibit the abortion unless it is dangerous for the woman. Gestational limits should be removed because it closes the door on many women who want or even need abortions. There are 17 states that require mandated counseling, where they discuss, and almost perpetuate the idea that abortions are bad by lecturing about a connection between abortion and breast cancer, the chance of a fetus to feel pain, or long-term mental health effects for the woman. This draws out a time period where it might not be safe anymore for the woman to have said abortion. Elizabeth Nash, the leader of a pro-choice health research group from Guttmacher Institute, discusses, “The people developing these counseling materials are not really interested in talking about the facts. They are interested in persuading a woman from getting an abortion in the first place,” (Nash 2012). Even after the counseling, 26 states would make the woman go through a waiting period of one to two days, while making more than one visit to the clinic, before she is allowed to receive an abortion. It is too inconvenient and difficult for women to be able to enjoy the basic right to their own bodies. The legal limitations need to be revised in order for women to really be able to be a part of this society. Restrictions, including refusal to perform an

As the mediator I am a thirty four year old female and mother of five. I was raised around many cultures growing up with a similar cultural background of the female disputant. This conflict can be particularly complex for myself as mediator because of the potential bias that can occur with cultural differences. Even though I share similarities with the mother as mediator I must bring a non-bias perception to the resolution process and try to view the conflict from both parties’ sides with a resolution that satisfies both parties and the child. “Parties who perceived mediator bias in favor of the other party were much less accepting of the mediator’s actions.”(Poitras, 2009) The parties must have trust in the mediator if the dispute resolution

Pregnancy clinics across America are helping numerous individuals everyday. But, federally funded pregnancy clinics have begun to fight for right to deny abortion information to their patients. Activists rallied against the California law that requires all clinics to inform patients of low cost abortion options, which is being argued as to violate their First Amendment right; freedom of speech. The executive director of the East County Pregnancy Care Clinic, Josh McClure, “I don’t want to put up a sign where you can go for an abortion.” Another statement was released, talking about how making a sign stating those points, would be unconstitutional. Crisis Pregnancy Centers are run by people who are “anti-abortion.” These centers known to give

Despite having no mediation experience prior to this class, I immediately excelled in a few areas of mediation. Namely, I did well with the introduction, exuding confidence, and helping the disputants move toward a resolution. Each of these skills is extremely important for mediators as they help set the tone, maintain control of the conversation or accomplish the goal of mediation. Of course, I improved with I practice, but I performed admirably in each of these arenas from the outset.

While being part of the Families in Transition VISTA (Volunteers in Service To America) Program, I experienced the most difficult negotiation of my career so far. During the course of one year, young professionals are placed in nonprofit organizations across the United States under the premise that a year of service is an opportunity to grow professionally, personally and improve the quality of life of millions of Americans living in poverty. For that reason, I had the opportunity to work along with two other women for the New Hampshire-based homeless services provider. During the course of the year, 3 evaluations with our direct supervisor were scheduled. One at the beginning of the year, the second one during mid-year and a third one, at the end of the year. While working closely with other individuals, conflicts may occur.

Parents. Some couples engage private mediators while others “are served by court-appointed or supervised mediators” (Schoffer, 2005, p. 325). The mediator should always ensure there is a “facilitation of a healthy exchange” so to create two willing parents. To perform a “family mediator’s role,” the mediator should have training in aspects of family conflict and child development, as well as their impact on a parental unit. The mediator needs to make sure both parents feel heard and are not giving more than they are receiving, as long as it is in the best interest of the

The process of adjusting or settling disputes in a friendly manner through extra judicial means.