Confidential Mediation

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,

Mediation happens when a 3rd party comes in and helps improve the relationship, enhances communication, and uses effective problem solving techniques. Administrative or managerial approaches and procedures are used if conflict is between employees or members of an organization. The 3rd party, doing the mediation is allowed to make a decision if need be. This approach reminds me of how the military handles conflict within their ranks. Being in the military I have seen this process being conducted, they will allow the parties to try to resolve their own conflict, but if they cannot the authority figure does it for them. Arbitration is a private process still including a 3rd party that helps resolve the conflict. Arbitration comes in two forms med-arb and mediation then arbitration. Med-arb uses mediation as the first step to resolve the conflict, if mediation does not work they move on to arbitration, while the mediation then arbitration uses both with a different 3rd party for

Mediation happens when a 3rd party comes in and helps improve the relationship, enhances communication, and uses effective problem solving techniques. Administrative or managerial approaches and procedures used if conflict is between employees or members of an organization. The 3rd party, who does is allowed to make a decision is doing the mediation and is allowed to make a decision if need be. This approach reminds me of how the military handles conflict within their ranks. Being in the military I have seen this process conducted, they will allow the parties to try to resolve their own conflict, but if they cannot the authority figure does it for them. Arbitration is a private process still including a 3rd party that helps resolve the conflict. Arbitration comes in two forms med-arb and mediation then arbitration. Med-arb uses mediation as the first step to resolve the conflict, if mediation does not work they move on to arbitration, while the mediation then arbitration uses both with a different 3rd party for

According to the National Law Journal, 88% of lawyers prefer mediation as a way of resolving disputes. Mediation is a popular process to resolve conflicts between businesses (Jennings, 2006).

Mediation is a different process to reach a resolution for parties that find themselves in a family court matter. Mediation is a part of the process ran by the courts by individuals that are unbiased and yet knowledgably about family law matters and the law. The courts want couples to give mediation a try before taking the matter before the judge in case some issues can be worked out beforehand. Attorneys are not included in this process. What happens in mediation is all parties will work on the issues at hand as peaceful as possible and in a manner to hopefully reach amicable outcomes, with a third party to help oversee this process and help negotiate their issues. These issues that can be heard in mediation are many and can be a wide variety of needs from the parties. These issues can be negotiation of assets, debts, child and spousal support, and visitation and custody matters of any children involved in the case.

Mediation and family court trials are very different procedures. During mediation, the mediator interacts with the parties and thoroughly discusses the various aspects of the case with them. The parties are free to tell the mediator any information they feel is relevant, and the parties may also request that certain information be kept confidential. In family court, however, evidence is presented mostly in the form of witness testimony and tangible exhibits. The parties usually only answer certain questions in court, and everything that is said becomes part of a public court

During the time I spent in mediation I learned that mediation is not a process that you can learn overnight. Since mediation is similar to anything else that is worth learning, one has to be willing to learn the skill in gradual steps. Throughout the semester we discussed topics such the meaning of ADR and what it entails. We also discussed topics such as Civil Practices and Remedies Code at the start of the semester, the decision making stages during the middle of semester, lastly we reenacted the Neighborhood Care Agreement at the end of the semester. Still, In order to fully explain in detail what I learned about mediation this semester understanding the history of ADR in Texas is the best place to begin. At the beginning of our mediation

Several of us, might already be using the different techniques that are mentioned throughout this paper when dealing with conflict or mediating or coaching others who are involved in conflict. Prior to this course, I thought there was only one way to facilitate the mediation process, and it was the mediator’s role to work that model until the mediation process had convened. Kenneth Cloke writes in several of his case studies from the book, The Crossroads of Conflict, that he would regularly work with clients and “coach” them through the dispute. This took place through multiple sessions with the clients. Conducting mediations through staggered meeting times allows for numerous opportunities for the mediator to work with the clients to develop their own confidence and competence to successfully involve themselves in the conflict in a constructive way. There is a common core and skill set used in between mediation and conflict coaching, but at the same time, conflict coaching requires a separate and distinct process combined with a separate theory of its’

Mediation is also a private process, which is important for business owners. Simply being named in a lawsuit can have devastating effects on a business, even if it is cleared of any wrongdoing. Mediation usually takes place in a conference room, away from the public eye. Therefore, no news reporters or curious members of the public will be present.

Legally binding in most judicial systems. The mediator, hired is an outside party helps to reduce conflict and stress. Mediation can be a problem if one or both parties are with holding information. In case of mediation is unsuccessful, the parties may have wasted time and

In this framework, co-mediation is always used. Inclusive mediation supports the participants in having difficult conversations and to guide a problem solving process to develop solutions that meet everyone’s needs with all content decisions made by participants, such as values, issues and feelings. This from of mediation is usually with two mediators. “Mediators check to make sure that the participants feel the reflection is accurate. The mediators attempt to understand each participant, thus making it more possible for them to understand each other. Mediators follow a defined process that includes time for participants to talk about whatever they chose, build clarity as to what is important, identify topics participants want to resolve, identify the goals each participant has for each topic, brainstorm options, consider each of the generated options in terms of which would meet all participants’ goals, and determine areas of agreement, if any (2010).” Inclusive mediators rarely focus or uses the caucuses method in mediation unless they need to check if mediation is a good fit for the conflict. In inclusive mediation the participant is in charge of whether any agreement is reached. Maryland system of mediation is based on inclusive meditation. However, if Maryland system did not only use Inclusive mediation, other frameworks and theories that could be used are Transformative, Facilitative and

Mediation is “facilitated negotiation [that] employs the services of impartial third parties only for the purpose of guiding, coaching, and encouraging the disputants through negotiation to successful resolution and agreement” (Engleberg &Wynn, 2010, p.223). The downside of this approach is that it is not always certain that it can work and valuable time go to waste while mediating as members may not reach consensus. However, the benefit is that mediation can happen in-house as long as the mediator is not directly involved in the conflict. In this manner, I can save cost and valuable operational time.

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.

A problem that may be associated with mediation is power imbalance. Unfortunately, the mediator is only a third party which is present to assist the disputants with their communication to ensure it does not break down and help them reach a decision; however “the parties are in ultimate control, the mediator should not intervene even if one party has more bargaining power than the other” . This can in some cases result in an unfair agreement. Another adverse side of mediation is that; “basically anyone can hang out a sign and practice mediation” - meaning that mediators do not need to undergo a long period of study to ensure their professionalism and knowledge of dispute resolution. This can be harmful to the system and may result in cases being handled by unprofessional personals.

This paper will cover the difference in the negotiation process and the mediation process and explore some of the barriers that hinder the processes. There is a distinct difference between the negotiation process and the mediation process. Negotiation as defined in Essentials of Negotiation is a process by which two or more parties attempt to resolve their opposing interests (Lewicki, Saunders, and Barry, ) The Negotiation process happens when individuals disagree about a situation and there’s no mutual solution that can be attain by the two parties. The disagreement leads to a conflict which involves misinterpretation, miscommunication and hurt feelings. Because the parties cannot reach a mutual agreement on how to resolve their