Mediation Resourses

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,

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

Hamilton says “ There is a million things I have not done, but just you wait”( Hamilton Broadway,2015). Here, Hamilton is displaying confidence that he is going to the million things, but he needs time. In the same way that Hamilton’s confidence helped him being successful, mediators’ confidence can help to ensure a successful process. Mediators could develop their skill of confidence by believing that they are competent to gain parties trust. When Parties come to mediation with a frustrated feeling about their dispute, they need someone who can assure them that they are capable of helping them. Thus, mediators should have a high level of confidence to show the parties that he/she is

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

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’

Challenges my partner and I are facing at this moment is finding a mediator. Last week we found out the two practitioners we were interested in interviewing had both declined at a short notice. Leaving us in with a hard predicament; finding a new mediator to interview in such a short time frame. Although our teacher was nice enough to give us an extension on the proposal we still have limited time and resources because we still have to have our materials and presentation materials due the same time as our classmates. Another challenge that we may face is that my partner Adnan will be going away for 2 weeks and he won’t be here to help me interview the mediator or help get the presentation and materials together. I’m worried my partner won’t be able to put in as much group work into this project and this project whines up becoming a one person project. Solutions that might help mitigate this issue is to start early on the final interview report and to continue

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.

The purpose of mediation is to assist the participants in dispute reach a mutual agreement with the help of neutral third parties by creating a path for open communication. In order to be effective, the mediators must be able to establish a trusting relationship with the participants. This type of alternative dispute resolution has become very popular in the United States, so much so that California requires mediation in family custody battles. Helping couples reach an agreement regarding child custody is extremely important work, as it is at these meetings that decisions are made regarding where the children will live, how the parents will split time with the children, and who will have legal custody of the children – that is, who will decide what school the children attend, what religion the children will observe, what healthcare plans will be made for the children, and what cultural education and extracurricular activities the children will be involved in.

Resource A is about the guidelines that are set for mediators to follow. The guidelines serve three main goals; to guide the conduct of the mediator, to inform the mediating parties, and to promote public confidence in mediation as a way to resolve disputes. There are 9 standards and these standards are not enforce by law, but they are encouraged to be followed. Standard 1 is self-determination, this process is about conducting mediation in a way that allows parties to come to a resolution in a voluntary, uncoerced, and free and informed way. Standard 2 impartiality, states that the mediator should be impartial and they should also not accept any gifts, favor, loans, or any other item, if they are not able to they should decline the mediation

Mediation is a preventative method of alternative dispute resolution, which does not prevent conflict but in this application would allow students to seek resolutions other than violence and avoid the consequence of formal discipline (CommunityMediation, by NAFCM, 2010; Costantino, Merchant, & Ury, 1996). From the video, one would infer there is a substantial need for a school peer mediation program as evidenced by the sharing of several incidents of conflicts between students (CommunityMediation, by NAFCM, 2010). According to Bush and Folger (1994), in addition to resolving conflicts, the mediation process can facilitate the strengthening of the student’s ability to deal with difficulties, by engaging in deliberate reflection, choice and action,

During week eight we began class by letting our classmate read her opening statement. Everything said she said in her opening statement covered the guidelines of what is required. One thing that my classmate mentioned that other students in class did not explain in their opening statement was the conflict of interest. Before a mediator can mediate they need to make sure there is not a conflict of interest. The best way to address this issue is to state whether you have worked with any group or special interest that could conflict with the current mediation. After we covered the opening statement of our classmate we then did a role play for the auto anguish activity. This activity would cover a majority of class,

Mediation supports people to find a path through the pain of conflict and out to resolution. Mediation does help parties to generate their own positive outcome from their conflict journey (Katherine Graham, 2010)”.

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