Spring 2016 : Theory And Practice

These mediation proceedings are not conducted under oath, do not follow traditional rules of evidence and are not limited to developing the facts. Mediators are expected to draw out the parties' perceptions and feelings about the events that have brought them into conflict. It also encourages parties to acknowledge

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.

Each of them may adopt behavior that ranges from the very passive,through facilitative to the highly active.The form and character mediation in a particular international conflict are determined by the context of both the international system and the conflict itself,the issues,the parties involved,and the identity of the mediator.The important of this reciprocal influence can hardly be overemphasized (Berovitch , ,p.133)

A mediator has no legal authority to impose a settlement on the parties thus functions more as an invited guest who can be required to leave if one or both bargaining parties no longer desire the mediators continued involvement in the bargaining process (Holley, Jennings, & Wolters, 2012). A mediator 's primary function is to identify issues, explore possible bases for agreement, discuss the consequences of reaching impasse, and encourage each party to accommodate the interests of other parties through negotiation. However, unlike arbitrators, mediators lack

“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

Incorporation of advocacy and mediation in human services advances conflict resolution through advocacy and mediation. Professionals in the human service field acknowledge the advantages of alternative conflict resolution applied in mediation promoting shared change. A mediator is a neutral third party who assists to resolve a disagreement or conflict by exploring crucial issues, resolve misunderstandings, look at solutions, and discuss a jointly favorable outcome. Mediators set up guiding principles throughout the mediation process. In addition, mediators help better the communication among disagreeing

This paper discusses a cross-cultural conflict scenario in which a mediator must apply the appropriate skills to resolve the conflict. In order to resolve these types of conflicts mediators must apply a non-bias approach to the conflict because the mediator must perceive and identify the cultural differences in order to appropriately resolve the conflict. The mediator must facilitate communication, and they must invoke trust with the disputants for successful cross-cultural conflict resolution.

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.

Angela and David both have children, so it is imperative that as a mediator I help the couple to establish a parenting plan. Prior to doing this I would assist both David and Angela narrow the issues and because divorce can hinder the ability of effective communication amongst the couple, I would reframe the communication between the two, so that the real issues are being addressed and the message will be better understood.

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

After we have spent the first week of January together for our Transcending Conflict class, we leave the session wondering what type of qualities and characteristics it takes to be a successful mediator and peacemaker during these modern times. It is known that our Western culture is extremely “settlement driven” in terms of the mediation and dispute resolution process. We focus on the substantive issue of a conflict, and we hope to reach a mutually beneficial agreement that is “easy” and “quick.” As Americans, we usually do not get much credit, if any at all, about our ability to focus on other people through “compassion, strength, and common humanity.”

Despite having no mediation experience prior to this class, I immediately excelled in a few areas of mediation. Namely, I did well with the introduction, exuding confidence, and helping the disputants move toward a resolution. Each of these skills is extremely important for mediators as they help set the tone, maintain control of the conversation or accomplish the goal of mediation. Of course, I improved with I practice, but I performed admirably in each of these arenas from the outset.

Mediation exist in two main forms, which includes facilitative and evaluative (Sourdin, 2012, pp.69). However in Australia, the mediator role is considered to be facilitative and evaluative processes are rather considered to be blended processes, which are not purely defined as mediation (Sourdin, 2012, pp.69). The Nation Mediation Accreditation System of Australia defines “Mediation as a process in which the participants, with the support of a mediator, identifies issues, develop options, consider alternatives and make decisions about future actions and outcomes. The mediator acts as a third party to assist the participants