The Mediation For An Viable Mediation

Good Essays

I recently acted as a mediator in an assessable mediation role-play. Our group composed of two members assuming the role of co-mediators and two others acting as disputing parties. The dispute was between Clarrie Cocky (‘Clarrie’) and the Rural Community Bank (‘the Bank’) over the settlement of Clarrie’s debt with the Bank. Due to Clarrie’s delay in his interest payments for the last two years, the Bank had pressured Clarrie to either pay the full debt or his farm would be sold. Both parties had voluntarily attended mediation to resolve the dispute.
Our group adopted a facilitative approach to this co-mediation. The National Alternative Dispute Resolution Advisory Council (‘NADRAC’) described ‘mediation’ as a process where the disputing …show more content…

Secondly, mediator neutrality is to support the parties actively and consensually reaching a resolution to ensure effective facilitative mediation.
Prior to learning about mediation, I had little exposure to facilitative mediation. This was evident in the way I often sought to determine a resolution I deemed just, objective, and fair for loved ones in a disagreement, rather than encouraging them to independently arrive at an agreement. I was more invested in jumping to a conclusion than finding out how a disagreement came to existence, any underlying issues associated with its creation, and whether there was a balance of power between disputants.
My experience at work as a paralegal and as a law student for the last year has also mirrored my former approach to personal arguments. As law students and lawyers tend to be evaluative, determinative and solution-focused, it was challenging for me to shift my problem-solving mindset from solution-focused to parties-concerned. Notwithstanding this limitation, my practical experience before the role-play assessment has provided me with the skills to research and gather evidence, to communicate effectively, and to stay calm during stressful time.
The VIA Survey of Character Strengths described my top signature strengths as Honesty and Fairness. I believed that I have well demonstrated these aspects of my personality immediately before the assessable

Get Access
Get Access