Mediation And High Conflict Mediation

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

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

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.

Mediation happens when a 3rd party comes in and helps improve the relationship, enhances communication, and uses effective problem solving techniques. Administrative or managerial approaches and procedures used if conflict is between employees or members of an organization. The 3rd party, who does is allowed to make a decision is doing the mediation and is allowed to make a decision if need be. This approach reminds me of how the military handles conflict within their ranks. Being in the military I have seen this process conducted, they will allow the parties to try to resolve their own conflict, but if they cannot the authority figure does it for them. Arbitration is a private process still including a 3rd party that helps resolve the conflict. Arbitration comes in two forms med-arb and mediation then arbitration. Med-arb uses mediation as the first step to resolve the conflict, if mediation does not work they move on to arbitration, while the mediation then arbitration uses both with a different 3rd party for

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

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.

In the first stage mediator gathers information regarding the nature of the dispute, and both parties views and concerns regarding the dispute. Moving to the second stage participants use the information assembled in first stage and work together to define the problem. Problem is defined communally by both parties, and does not favour one participant. After the problem is defined, everyone brainstorms to develop solutions to resolve the issues. in this stage any idea can be shared, and no one is allowed to criticize each other. In the fourth stage participants focus is moved from themselves and is shifted towards one another. This stage requires participants to understand each others perspective in regards to the problem and how it makes them feel. The last stage includes negotiating options to reach a mutual agreement. In this stage participants understand the issues and know how they can resolve those issues. John Haynes’ Family Mediation Stage Model provides mediations with set of guidelines and description of the general flow of mediations. It is organized and has a structure which is missing during the divorce

Resolving conflicts through counseling was also prevalent in my upbringing. Counseling involved a mediator of a reputable character. Barsky (2017) described a

Conflict is a part of life. A majority of conflicts throughout the day are small and easily solved, others can be more serious and require a sit-down conversation, and if that does not work mediation may be the best option. According to Spiroska (2014), “mediation is a voluntary, flexible and informal process in which a neutral third party…facilitates a discussion” (p. 84). Mediation uses another person to help the parties solve a problem. There is evidence that third parties help resolve conflict (Eaton & Sanders, 2012). My mediation process was overall and interesting experience that helped me understand the process of intervening and overcoming obstacles.

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,

The awareness of these major differences in perception is very beneficial. This leaves both parties suddenly aware of what led to the dispute at hand. A careful consideration of the different positions, important issues, and alternate perceptions can give everyone an understanding of how difficult it is for a judge and/or jury to come to a fair conclusion. Who is right? Who is telling the truth? Who can prove their claims with proof?

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.

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

Mediation is the quickest developing conflict resolution technique. It speaks to another option to the ‘win-lose’ adjudicative procedures. Mediation likewise offers a specific

The trend here seems to the Baron and Kenny (1986) as the gold standard for conducting mediation analysis as all of the above authors have cited and used this particular method. Rex Kline has published numerous articles and even a book on Structural Equation Modeling. This particular book is used in many graduate level classes. He has recently published an article with a straight forward blunt title, “The mediation myth” (2015). The myth is defined as falsely believing that mediation is actually estimated in the typical mediation analysis. Mediation analysis has a few shortcomings. Using a flawed analysis plan, not giving much thought to the assumptions that have to be meet and the typical mediation study has inadequate design