The Role Play Mediation Focused On Identifying The Issues, Creating Options And Reaching An Agreement

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

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.

Power is never linked to price, but always to value.” Power in negotiations can be perceived or real which affects the final negotiation outcome. Generally all disputants have some power to an extent which is used to achieve a favourable outcome. It is unlikely the power balance stays consistent, power shifts throughout the negotiation process. Knowing how the power works and how to use power to achieve desirable outcome is important for successful negotiations. The notion of parity in power is vital in relationships between the disputants. The parity in negotiation is when one party perceives that the other party can oppose any form of power with dissimilar or similar form of power (Lewicki and Saunders et al., 1997). Power parity means there will be a balance in power positioning to some extent. The two different objective powers involving in the bargaining process are power depending on the lack of dependence and role power (Staff, 2013). The first power parallels to a disputants BATNA (Best alternative to a negotiated agreement). Going into a negotiation with strong BATNA means the disputant is less dependent on the other parties in achieving the desired outcome compared to having a weaker alternative. The second power is linked with the positions, titles or roles which grant power simply because of the control or authority they possess. This is often found in hierarchical organisations. Apart from the objective powers there is possibility of

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,

This type of mediation may be quite similar to mediation that occurs in the civil context such as personal injury or family cases. Prior to commencing mediation, counsel should ensure that the client is prepared to engage in a give and take, mediation requires the agreement from the opposing side thus neither party is going to leave without some concession. Further, the general public has more exposure to the adversarial approach of courtrooms, as such they will need to be prepared for the relaxed and collaborative approach of mediation.

“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

However, there are a few occasions where, because of the excessive entanglement between the individuals and resulting personal emotions, settlements are much harder to reach. Judge Sokoloff shined and used her art of mediation and influencing here, effectively allowing the parties before her to compromise. I was surprised by her very efficient and very effective use of the mediation tactic; so much so, that it has in fact influenced me a great deal. Firstly, the experience showed me the importance of mediation, and its efficiency within the legal process. Secondly, the experience instilled in me the importance of a legal practitioner’s temperament, and the effect that it can have on the judicial process. Thirdly, and probably the most impacting of the points was, the experience allowed me to realize that I was not as far off in my understanding of the legal field as I initially believed, rather intellectually I was able to relate to many of the

Negotiation is one of the most common approaches used to make decisions and manage disputes. It is also the major building block for many other alternative dispute resolution procedures. According to Christopher W (2012), negotiation is the principal way that people redefine an old relationship that is not working to their satisfaction or establish a new relationship where none existed before. Because negotiation is such a common problem-solving process, it is in everyone 's interest to become familiar with negotiating dynamics and skills. This section is designed to identify what worked well and not well in the negotiation. In addition, to present strategies that generally makes the negotiation more efficient and improvement in the next

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.

During the mediation, there were three main themes that were identified. The first theme that surfaced was voluntariness. Although the parties were forced into the mediation process after their landlord had given them an ultimatum, they still positively engaged in the process.

Lastly, the opening statement needs to be readdressed to both parties to further emphasize what will be happening in the mediation. Overall the role play was very good and the audience was led to believe the dispute was real. One of the last comments made by our professor was we need to start using tools to help the parties think how they would want to resolve the conflict. Because the conflict did not lead to a solution we then moved on to an exercise called brainstorming. This activity would further allow us try to reach an agreement on the many uses of different items. Some of the rules of this agreement were no opposing opinions when it came to discussing options. This activity was meant went to facilitate conversation and reach an agreement between the groups. Our group was asked to list the purposes of paperclip. Some of the uses for the paperclip include a shirt tie, a phone holder and nail cleaner. This exercise allowed the people of each group to come up with ideas which showed how to let parties find a solution on their own. One of the last topics we discussed were allowing the

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

Throughout the years there has been many definitions of mediation. Nevertheless one the most acceptable definition of mediation refers to this procedure as a “…process in which the participants, with the support of a mediator, identify issues, develop options, consider alternatives and make decisions about future actions…” . They also described mediators as the third party assisting the participants in reaching their decision. This process should form a part of the pre-trial civil litigation process as its advantages on the legal system and the community outweigh its disadvantages. The distinguishing models of mediation make it a suitable approach for all or most civil cases.

Consider how an imbalance between 'high power' and 'low power' parties might shape a negotiation process. How might an experienced mediator deal with this problem? Provide practical examples where appropriate.

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