Optional Dispute Resolution

Should any member refuse to participate in the mediation that member’s action results in a lost position, and the dispute is then resolved. Mediation should not exceed one day. The team leader through directives from the instructor will facilitate the mediation in an attempt to resolve the dispute. Throughout the mediation each team member will be able to state their position and provide any supporting information on their behalf. After each team member has presented their supporting information in regards to the dispute, the instructor will rule on the dispute with the team leader serving as facilitator and witness. The instructor’s ruling is final and shall result in resolution of the dispute.

Conflict resolution is necessary to keep focus and sustain the positive process. Collection of all the facts should be done prior to attempted resolution. Communication to the parties in a private setting to get their perspective is the idea. Only give opinions afterwards. Unless all is understood one cannot move onto mediation. After making the decision, be resolute in the delivery. (Lewicki, Saunders, & Barry, 2015)

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.

Chapter 18 was about the strategies for multiparty mediation. A mediation may start as a simple child support case can end up becoming a multiparty mediation, when children and new spouses come into the picture. A multiparty mediation may be conducted in different formats; formal whole-group format consists of cross table negations between different people. This format is good for introduction, opening statements, creating an agenda, and trying to identify needs and interest. It is not effective for deep probing, agreements, or refining proposals. Another format is a Caucus, this is one of the major formats that can be used for teams to work out differenced and develop agreements that can be brought back to the rest of the people in mediation.

According to transformative theory, parties are seeking an efficient way to agree on specific issues, and to change and transform from a destructive conflict interaction into a more positive one. Folger and Bush (2005), believes that transformative mediation is ultimately flexible and suited to all types of disputes. This paper analyzes the transformative model of mediation and recommends this as beneficial for Carla and Kent resolution.

Mediation is one area were an independent representative can assist people in reaching an understanding effectively. If applied successfully, mediation through conflict resolution allows transactional leaders (mediators) to reestablish workplace harmony while maintaining operational effectiveness.

Mediation “provides a personalized approach to dispute resolution in which spouses have an opportunity to learn about each other’s needs” (Folberg, Milne, and Salem, pg. 8). It is a process in which the “participants formulate their own agreements and emotionally invest in its success” (Folberg, Milne, and Salem, pg. 8).

When assigned this paper, I had no idea what to write about, since the conflict resolution is so broad. But I sat down and thought about why I decided to take this class and why I wanted to get my mediation certificate. As I said in class, I have seen really poor mediation, I have seen

Foundation Skills of Mediation – Alternative Dispute Resolution (ADR) 2 x Sydney Dates in 2016 2 x Full Days course for directors, managers, HR personnel and cyber bullying mediators (who wish to refresh their skills). This foundational/refresher course presents our advanced model consisting of the facilitated/transformative/educative mediation model, and provides opportunities for skill development through the use of structured role plays in each of the 7 stages. The course also introduces concepts of ethical co-mediation practice.

At the beginning of class Mitchell outlined the steps to mediation by first starting off with two scenarios. One scenario was two friends were at odds because one person had left the other’s birthday party early without saying goodbye. This hurt the birthday girl deeply and a conflict ensued. The participating mediator provided a neutral attitude while facilitating the conflict. Mitchell said the mediator did a great job of keeping himself out of the conflict, not siding with anyone, and rephrasing and reframing the problem which made the parties feel heard and understood.

The IAMA Practitioner’s Certificate in Mediation is offered by nationally attributed instructors and is conducted Australia wide. The course offer a practice centered qualification in mediation and contestant who successfully complete the assessment module may submit an application for accreditation under the National Mediator Accreditation Scheme through IAMA. With mediation being accepted widely crosswise the commercial, legal, industry, education and government sectors, a perceptive of the practical application of mediation techniques is an important and helpful professional skill.

Nevertheless, certain categories of ADR have been named and understood to involve the use of particular means and methods to produce the desired end result. These procedures include: negotiation, mediation, arbitration, med-arb, early neutral evaluation, settlement conference and conciliation to name a few. However this essay will concentrate on mediation as a form of alternative dispute resolution.

The journal also emphasizes the fact that mediation training is cost effective for any organization. Investing in the infrastructure by offering internal house training will result in a high return on investment. The trainings should cover the main reasons of disputes, which are, breakdown in relationships, poor management, and communication problems. Most people will experience these disputes during their careers. Additionally, when disputers are among senior staff, it is best practice to hire an outside provider; this will help the senior staff to control the situation and not involve additional staff members and inflate the situation. Another great argument the article provided was related to who in the company should be trained and responsible for the mediator role.

This essay therefore focuses on the ways in which disputes in the family such as divorce cases can be resolved through the means of mediation, which is a type of alternative dispute resolution - resolving disputes without going to the court. The first section of this essay would give a brief overview of divorce.The second section would give detailed information of how mediation is used in divorce cases; focusing on its advantages and some disadvantages in terms of cost, communication, time and privacy. To conclude the essay, a brief summary of the topic would be given. Also included would be personal view points and opinions as to why mediation method should be applied in resolving divorce cases.