Resolving A Client Dispute Through Mediation

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

He has 25 employees, which he would like to keep employed. He has a home/investment property that he would like to hold onto until the housing market rebounds.

According to the National Law Journal, 88% of lawyers prefer mediation as a way of resolving disputes. Mediation is a popular process to resolve conflicts between businesses (Jennings, 2006).

Termination Tempest is a truthful demonstration of the mediation of an employment dispute. Mediator, Margaret Shaw, in the middle of the table, works with the two parties - Kane Restaurant Supply (“KRS”), defendant, represented by Mr. Kane, son of the founder of the supply chain, and Mr. Thibideau, plaintiff, a former employee of Kane Restaurant Supply. Parties’ counsels are present as well.

The task of creating a Mediation venue on the UNTD campus, has met with some resistance, not intention, but resistance just the same. In order for the venue to be set up on campus, the Provost of the Human Services Department, Dr. Lacy and Professor La Crisia Gilbert, also if the venue receives any type of federal funding, the CFO’s office has to been involved to regulate the funds. Professor La Crisia Gilbert, will be our faculty advisor, and students will run the venue.

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.

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

The past few weeks in class we have observed various mediation scenarios and how mediators are supposed to handle the disputes. Before the practice sessions, we had to record an opening statement that we would say before starting our meeting, and after practicing the opening comment, personally, I realized that mediation is something that I could do in the future. I received the opportunity of being a mediator in the dry-cleaning dispute; we had in class on last Wednesday. Likewise, while reading the background information about the problem, the feeling of nervousness waved over myself before the course just as I was worried about how efficient I would do with my role. However, even though it was in front of my peers, the feeling of nervousness

Mediation can play a key role in resolving planning disputes, as the profession of planning is influenced by various stakeholders with conflicting land use interests. This essay seeks to critically discuss the knowledge, ethical considerations and skills required in conducting effective mediation processes. Firstly, this essay provides an overview of mediation and its role in land use planning disputes. Next, this paper lists the knowledge and training required for effective mediation processes. Furthermore, this essay critically discusses the communication and analytical skills required in mediation processes. Next, this paper critically discusses the dilemmas created by the notion of “neutrality or impartiality”. At last, this paper focuses on confidentiality as an ethical consideration and critically discusses the challenges it poses for mediators.

This essay will provide a detailed examination of what Alternative dispute resolution (ADR) is, particularly mediation, the various techniques of ADR, the advantages and disadvantages of ADR; and whether or not courts should have the authority to compel individuals into undertaking mediation or other forms of ADR. This essay argues against courts having the power to compel litigants into mediation but may be afforded powers to encourage parties to go through mediation at first instance. This essay will base its arguments on whether courts should compel civil litigants to follow the ADR route upon the perceived advantages of ADR and its success rate. The contention of this essay is not that mediation is inappropriately used to settle

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