Essay Effective Mediation

Negotiation is a fundamental form of dispute resolution involving two or more parties (Michelle, M.2003). Negotiations can also take place in order to avoid any future disputes. It can be either an interpersonal or inter-group process. Negotiations can occur at international or corporate level and also at a personal level. Negotiations often involve give and take acknowledging that there is interdependence between the disputants to some extent to achieve the goal. This means that negotiations only arise when the goals cannot be achieved independently (Lewicki and Saunders et al., 1997). Interdependence means the both parties can influence the outcome for the other party and vice versa. The negotiations can be win-lose or win-win in nature.

Throughout this course thus far we have generically discussed the various models of mediation(in particular facilitative),skills and tasks needed by a mediator to conduct a successful mediation. The facilitative approach we have been studying, via theory and in-class exercises has afford us some great insight into mediating into a variety of domestic conflicts from family to business disputes.However,there is a whole other subfield in mediation ,which we have not discussed and that is international mediation. International mediation also has a variety of forms. Cases for mediation can range from a conflict between two states, an ethnic conflict that, has bought violence within a particular state, or perhaps a business dispute between

“A mediator is a third party who assists interested parties in negotiating a conflict. A mediator controls the mediation process but does not have authority to decide the outcome for the parties” (Barsky, 2007). A mediator, in a given situation, helps to dissolve the conflict and looks to the best interest

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

This paper discusses a cross-cultural conflict scenario in which a mediator must apply the appropriate skills to resolve the conflict. In order to resolve these types of conflicts mediators must apply a non-bias approach to the conflict because the mediator must perceive and identify the cultural differences in order to appropriately resolve the conflict. The mediator must facilitate communication, and they must invoke trust with the disputants for successful cross-cultural conflict resolution.

Another critical tactic that mediators should possess is curiosity to see the crack and reach down to the roots of the conflict that they are assigned to. In Hamilton Broadway, Hamilton’s prayer to God can be a good example to learn from in the mediation process. He says, “And when my prayers to God were met with indifference, I picked up a pen, I wrote my own deliverance” (Alexander Hamilton). Just as Hamilton felt lost when his prayers were not answered, the parties in meditation could get frustrated by the indifference of their mediator. Mediators should develop a high level of curiosity to gain the parties’ trust that he is capable of helping them solve their conflict. It is important for the mediator not to give the parties his or her

“A power usually brings about a reduction of other parties’ options by limiting the moves they can make, eliminating a possible resolution to the conflict, or restricting their ability to employ countervailing power” (Folger, Poole, Stutman, 1997). Fredrik and Michael are both overly emotionally and mentally involved in the situation where it prevents them from having the ability to think objectively. As they become more aggressive and engaged, they tend to fall under the high-conflicting people category and emphasize on the person instead of the conflicting issue itself. This is when mediator and third party come into play. “Third parties enter a conflict relationship in which the disputants have different expectations, goals, coasts, and rewards, and where they experience pressures and stresses stemming from an uncertain situation” (Bercovitch; 1984). Instead of helping Fredrik and Michael resolve their conflict, this mediator helps facilitate and soothe the relationship by generating discussion for the two of them, in the hope of conciliating the conflict. Fredrik and Michael, in this case, may hire a lawyer or a mutual friend of theirs. “It is the triad for a third party to cause others to act differently” (Bercovitch; 1984). A mutual friend of Fredrik and Michael definitely does the job in serving as a neutral and unbiased position. According to Thompson and Nadler, they argue that cognitive biases and different levels of perception people have on a conflict often intervene with whether or not they can come up with a resolution. “Negotiators are often unaware of such biases, instead blaming blocked resolutions processes on party intransigence or self-interest” (Deutsch; 2000). Coming from a neutral and outsider perspective, this mutual friend of theirs is able to find a middle ground in simplifying the conflict situation as he sees the whole situation

After we have spent the first week of January together for our Transcending Conflict class, we leave the session wondering what type of qualities and characteristics it takes to be a successful mediator and peacemaker during these modern times. It is known that our Western culture is extremely “settlement driven” in terms of the mediation and dispute resolution process. We focus on the substantive issue of a conflict, and we hope to reach a mutually beneficial agreement that is “easy” and “quick.” As Americans, we usually do not get much credit, if any at all, about our ability to focus on other people through “compassion, strength, and common humanity.”

I never imagined myself as a mediator, but prior to beginning this class I learned from previous students that it included role plays in which we mediated disputes between our classmates. I incorrectly assumed we would be thrust in a simple situation like helping mutual friends work out some simple disagreement. I did not realize we would practice our conflict management skills in so formal and serious a setting. I found the prospect somewhat daunting, but as the semester progressed I became increasingly comfortable with mediation. I performed well in certain aspects of the mediations and struggled, but improved in, others, culminating in my best mediation yet. In short, I improved my mediating abilities throughout the semester, progressing from an average mediator who performs adequately to an excellent one who effectively uses key mediation tactics, at least in role plays.

It is a complex social process which already becomes part and parcel of our society.

The technique used in the attempt to resolve the conflict was negotiation by third parties

Conflict or disagreement over the range of issues has become inherent aspect of modern organisational life. People from different cultural and education background work in an organisation. People working in an organisation may possess different goal and interest. People working in organisation may tend to different over a range of issues including organisational politics, organisational procedure, personal preference or political preference. It is also argued that conflict is essential characteristics of organisational life. Role of manager is paramount with regard to negotiating the conflict that arises in organisational life (http://www.sagepub.com/). Often lack of

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.

However, if one side is far more powerful than another, they are likely to simply impose their solution on the other side, who will be forced to accept it, because they have no other choice. Using Fisher and Ury's term, they have no 'BATNA' (Best alternative to a negotiated agreement). (Gillian, (2005) Negotiation, lecture notes)

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