Theory Of Mediation By Douglas Noll

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,

Dr. McKinney illustrates these tensions as a contradiction; the idea of conflict between desires in a relationship. Mediation is a wonderful process in negotiating a solution between two parties thwarted by

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

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

“A power usually brings about a reduction of other parties’ options by limiting the moves they can make, eliminating a possible resolution to the conflict, or restricting their ability to employ countervailing power” (Folger, Poole, Stutman, 1997). Fredrik and Michael are both overly emotionally and mentally involved in the situation where it prevents them from having the ability to think objectively. As they become more aggressive and engaged, they tend to fall under the high-conflicting people category and emphasize on the person instead of the conflicting issue itself. This is when mediator and third party come into play. “Third parties enter a conflict relationship in which the disputants have different expectations, goals, coasts, and rewards, and where they experience pressures and stresses stemming from an uncertain situation” (Bercovitch; 1984). Instead of helping Fredrik and Michael resolve their conflict, this mediator helps facilitate and soothe the relationship by generating discussion for the two of them, in the hope of conciliating the conflict. Fredrik and Michael, in this case, may hire a lawyer or a mutual friend of theirs. “It is the triad for a third party to cause others to act differently” (Bercovitch; 1984). A mutual friend of Fredrik and Michael definitely does the job in serving as a neutral and unbiased position. According to Thompson and Nadler, they argue that cognitive biases and different levels of perception people have on a conflict often intervene with whether or not they can come up with a resolution. “Negotiators are often unaware of such biases, instead blaming blocked resolutions processes on party intransigence or self-interest” (Deutsch; 2000). Coming from a neutral and outsider perspective, this mutual friend of theirs is able to find a middle ground in simplifying the conflict situation as he sees the whole situation

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)

Several of us, might already be using the different techniques that are mentioned throughout this paper when dealing with conflict or mediating or coaching others who are involved in conflict. Prior to this course, I thought there was only one way to facilitate the mediation process, and it was the mediator’s role to work that model until the mediation process had convened. Kenneth Cloke writes in several of his case studies from the book, The Crossroads of Conflict, that he would regularly work with clients and “coach” them through the dispute. This took place through multiple sessions with the clients. Conducting mediations through staggered meeting times allows for numerous opportunities for the mediator to work with the clients to develop their own confidence and competence to successfully involve themselves in the conflict in a constructive way. There is a common core and skill set used in between mediation and conflict coaching, but at the same time, conflict coaching requires a separate and distinct process combined with a separate theory of its’

There are three major conflict interventions: mediation, arbitration, and negotiation. Each of these interventions have pros and cons. Mediation is the one intervention that incorporates creativity in the resolution process so it benefits all disputants involved. Mediation also promotes collaboration and cooperation more so than arbitration and negotiation do. It is also a more cost efficient for the disputants and is more likely to resolve conflicts quicker. Mediators help defuse anger, improve communication, and specifically work on trust building. Mediation ensures that the matter can be handled privately without risk of public reprimand. On the other hand, mediation does not always result in a settlement like arbitration does. Mediation

Mediation is a very potent option that is considerable in organizations which is utilized for disputes. Essentially, the process is very private, relaxed in setting,unpretentious, and optional. In general, a neutral mediator facilitates communication between those in dispute to assist them in developing mutually acceptable agreements to improve their future working relationship (“Mediation of Workplace”, n.d.). Mediation can be effective in both union and non-union settings and at all levels of the organization (“Mediation of Workplace”, n.d.).

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.

When all participants of mediation are involved and do their part in the process, it is likely that mediation will succeed. This full participation begins prior to the actual start of mediation. Each party should begin their participation in the process by assisting in the planning of the mediation process. Each party needs to help their attorney prepare for the mediation and then listen carefully to what the opposing counsel offers with their opening statement. This is a good preview of what the judge or jury will hear if the mediation is not successful and the case goes to

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.

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

 "Effective conflict resolution requires dealing constructively with disagreements rather than pushing them under the rug, letting them break into open warfare, or attempting to eliminate them completely.  Successful resolution of a conflict may include the following: accurate diagnosis of the nature and source of the conflict, a clear understanding of how each party is contributing to the conflict, skills and processes for defining alternatives, constructively negotiating outcomes, and creatively developing win-win resolutions" (Hagberg Consulting Group, 1).