Mastering Mediation : A Reflection On My Mediation Experience Essay

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,

“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

Mediating and advocating for clients is an essential service provided by human service workers, but not everyone is cut out for the job; it takes encouraging, knowledgeable, and non-judgmental individuals to maintain the integrity of both the mediation and advocating processes. While an advocate is most likely found standing up for a specific group or a particular issue, a mediator helps assist two or more parties in resolving a conflict without expressing any favoritism. In order for a mediator to maintain unbiased and preserve the reliability of the mediation process, they must seek out an agency that provides services that correlate with their own belief system; otherwise they will have to check their own set of values and beliefs at the door which can be incredibly difficult, and in some cases – impossible.

I can help resolve fights as I have been elected as peer mediator leader in my current and past school 4 years in a row. Being the mediator during a conflict may seem easy but can be quite hard as you must be unbiased and calm at all times. Leading on from this, I believe that due to the fact I was peer mediator leader, I have gathered the skills required to help resolve conflict smoothly and without trouble. Imagine a staff member called to help resolve a fight between two players who then said, "Err, so... I don't really know what to do... Maybe just give him some money?" That would have to be one of the worst ways to help resolve a fight. The first thing I would have said was, "What is the problem you two are currently facing?" That allows you to understand the situation and branch out into more detail about why the fight started and what they should do to resolve

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

Mediation is a one form of intervention, where parties' representatives may sit on the table and discuss about their issues. Mediator has to be neutral and acceptable for all the parties in the conflict. When I take a role as a mediator in Ferguson conflict, I have to look at the marginalized people. Definitely, the Black community is one of the disadvantaged group throughout the years. Mediator should be aware about the scenario, so I emphasize on the study of past incidents, structural setting of institutions, current initiatives, and possible future actions. This process

My ESL teacher always took the time to mediate with her students and it works for me because during that time I was in my senior year which was a stressful moment. However, when we meditate it felt good because I had release those things that stress me and instead I focused on my breath. I knew most of the benefits of mediating such as

When all participants of mediation are involved and do their part in the process, it is likely that mediation will succeed. This full participation begins prior to the actual start of mediation. Each party should begin their participation in the process by assisting in the planning of the mediation process. Each party needs to help their attorney prepare for the mediation and then listen carefully to what the opposing counsel offers with their opening statement. This is a good preview of what the judge or jury will hear if the mediation is not successful and the case goes to

Discover the job, work, activity or hobby that you find most interesting and pleasing in order to continue the mediation process more effectively. This hobby or activity will help you concentrate on one area of your interest and it will slowly remove negativity from your mind.

There were many mediations that I observed and participate throughout this whole semester. It was really interesting to get a little taste of being a mediator, or the plaintiff and defendant. As far as I can remember the best mediation I took part off was probably when I was the defendant. The case dealt with two roommates that got into a heated argument about who was going receive gifts, or which one of the roommates where going help the other clean up the apartment. I remember this case particular because it was really fun, and got pretty serious.

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 was not easy because feelings and emotion can overtake your mind, and fog it up so one can not make rational decisions. As the practices took place in the moments of stress(it was not easy), I came to see how mediation gives you clarity and understanding even when negative thoughts may be clouding the mind. While there was growth, I still was skeptical about the awareness that I thought I was exhibiting. Simply put, was I better at handling these tough times because of mediation or was I just believing something because it gave a supposed answer to my problems? This fear was always recurring to me as stated in passage 3, as many times I would try to find the quickest way to rid the pain that I was feeling.. However, I continued to mediate and sort out the feelings that were going on inside of my head, and soon after I would realize that real progress was taking place.

Barriers in the mediation process must be overcome at the initial phase of the process. Parties must understand the process and the