Mediation And The Facilitative Mediation Process

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On a regular bases people are confronted with disputes, when emotions run high and communication has ceased many people may head to litigation thinking that it is the only way to resolve the dispute. However there is a less expensive and often more satisfying approach that can assist with many disputes known as facilitative mediation. The reason why conflicts occur relates to people feeling that they are unable to resolve the conflict without feeling at a loss (CITATION). Negative behaviors and actions lead to people feeling vulnerable and self-absorbed which only further prevents a resolution to a conflict (CITATION). The issue is that the each party are trying to obtain an outcome that is not feasible. A facilitative mediation model main…show more content…
Having the opportunity to mutually agree on a decision through the facilitative mediation model provides the opportunity to restore the relationship. As a fencing dispute often relates to participants living in close proximity, it is important that disputes are resolved and relationships are civil. In order to understand how the mediation model would resolve a fencing dispute, a scenario will be provided where the model could be applied. Scenario: Nick commenced the first action of attempting to communicate with his neighbour Sally in relation to repairing the fence. Sally is refusing to pay for the fences repairs as there is a disagreement on who is responsible for its repairs as Sally believe that a gum tree on Nick’s property has caused the damage to the fence. Sally is not willing to pay for any part of the fence but Nick believes that the both property owners are responsible for the replacement of the fence and that it is not fair that he should pay for it all. Nick provided Sally with a fencing notice that set out a proposal for the repair of the dividing fence which only further angered Sally. Both parties involved in the dispute are frustrated and cannot reach an agreement on their own. Both parties are feeling hostile towards one another and communication is minimal and negative. It is at this point where mediation may be useful to help facilitate positive communication between the two parties and encourage a resolution. When analysis litigation in
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