The Diffences Between the Negotiation and the Mediation Processes

​Even though this book was written in 2001, I am grateful for having been exposed to this book by Dr. Muvingi in my Mediation class. I like Kenneth Cloke, who is the Director of the Centre for Dispute Resolution in Santa Monica, California and is an experienced author and writer. I consider Mediating Dangerously is a call for action for mediators, this book offers a fresh vision to new and experienced mediators within the field of conflict analysis and resolution. Cloke explores the deeper foundations of the transformational process of mediation in order to discover what exactly happens when people engage in the risky practices of forgiveness and honesty, and reveal their authentic selves to one another. He also shows us how to reach beyond technical, traditional, or conventional interventions within and throughout a mediation process. I am convinced one of the intentions of the author in this book; definitely was to teach conflict analysis and resolution professionals how to unveil its invisible heart and soul in order to reveal the delicate and sensitive engine that drives the process of personal and organizational transformation. I have learned that the process of mediation is not an easy process to master and requires a tremendous amount of practice before becoming an expert. Mediators need to know how to clarify the issues involved in a conflict, develop tons of patience as well as improve their listening skills. Mediators need to control their own emotions,

Mediation is a very popular and cost-effective option increasingly used as an alternative to extensive and costly litigation. A mediator is a neutral third party that has no gain on the results of the agreed commitments of conflicts. Mediators are used to facilitate the conversation and/or negotiation conflicts between parties by motivating them to work out their differences in an organized matter, (Janasz, et al., 2009). It is important to highlight that mediators leave the creation of the solution principally to the disagreeing

The journal also emphasizes the fact that mediation training is cost effective for any organization. Investing in the infrastructure by offering internal house training will result in a high return on investment. The trainings should cover the main reasons of disputes, which are, breakdown in relationships, poor management, and communication problems. Most people will experience these disputes during their careers. Additionally, when disputers are among senior staff, it is best practice to hire an outside provider; this will help the senior staff to control the situation and not involve additional staff members and inflate the situation. Another great argument the article provided was related to who in the company should be trained and responsible for the mediator role.

Mediation: is part of the alternative dispute resolution. It can be defined as a Neutral third party that helps in making decisions but is usually not binding on the parties and has no authorities in making the decisions. The use of this technique is very helpful when the disputing parties have reached dead ends or personal animosities that direct discussions between them become impossible. On the other hand Dispute resolution is the process of disputing resolutions between different parties itself and there are different forms of alternative dispute models where mediation is one of them and the rest can be

We live during a time where conflict arises every day between people all over the world. What is of interest is not what the conflict is about but rather, the way people handle the conflict. Mediation is one of a number of alternative dispute resolution (“ADR”) mechanisms used to solve conflicts arising between individuals. Mediation is a process whereby a neutral third party, the mediator, guides the negotiation process in order to enable the parties to communicate and to voluntarily work towards finding a resolution to their dispute in a sustainable manner.

As shown above, the concept of mediation is a neutral one, although slight differences appear between different Member States. It gives an insight as to how mediation, a relatively new concept, is still in the early stages of its development, yet to reach its full potential. However, as with any process, fundamental flaws and criticisms can be drawn from each.

There is possibly no person walking on this Earth who have not experience some sort of conflict at some point in their lives. Even as children when we would get into it with our friend or another kid. Whether it was in your business or personal life, we have all been in some sort of conflict in one way or another, and some of the time these conflicts can be too much to handle for both individuals. So to have the situation resolved amicably they would bring in a third party so that it could be hashed out fairly. Most of the time arbitration is used and in others find that mediation is suits well with the help they need. The paper will define the function, role, and effectiveness of mediation and arbitration.

Situation one is very perplexing. Once the positives and negatives where weighed, the best option for the After Grocers Inc. is to resolve the situation using litigation. The option of mediation, arbitration, and negotiation was dismissed due to the fact in which the plaintiff, “seeks to harm their opponents…” (When to Use Mediation, 2013) processed from the possibility that the plaintiff is mad, which is inferred by the tone of the initial response of the husband. That can cause truly lengthy negotiations and highly frustrating mediations. Arbitration could be a viable solution which also has the downside of not being required to follow certain laws that the courts would uphold. This is a key point due to the fact in which, in Virginia

According to Barron, (2013) “Mediation is a process where the mediator uses conflict-resolution skills, and actively encourages the parties to reach a compromise or mutually satisfactory settlement without recourse to the court system” (para. 5).

Currently, the trends of mediation in open society becoming highly popular and demanded as well. Mediation is a fast track to reach the agreement between the conflict parties.

During negotiation, there are times when sudden incidents during a negotiation can lead to mistrust, rapid accusation and violence. These incidences can be terrorist attack, death of a key leader and others. Both parties might even terminate talk in these cases. In this case, the mediator can face personal attacks and public ridicule for leading the parties to the direction they did not want to go or shouldn’t have gone. When a conflict gets complicated, the author suggests to follow certain choices, which are Hanging on, Hunker down and Bail out. In case of a crisis, any mediator has to take up one of these choices.

The Dispute at hand has been referred to mediation upon the suggestion of the Court. I have been identified as the independent mediator for this dispute. My main objective is to fully diagnose the situation by gathering and organizing all the relevant information. I aim to do so by building credibility, fostering a positive relationship with the parties, and educating them about the mediation process while securing their commitment to this process. In order to achieve this act it will require broad psychological control and people management. Over the course of mediation procedure I will apply the different elements of principled negotiation to achieve an agreement that is competent and improves the existing hostile relationship of both parties.

This paper is to critically discuss two alternative dispute resolution processes, which are the negotiation and mediation. The importance of these two alternative dispute resolution processes is mainly related to various noticeable benefits associated comparing to the traditional litigation process (Ruh, 2015). Specifically, it is to discuss the different strategies for negotiation, which can be applicable to the dispute between Johnny, Sally, and David. Thus, David is to be advised of the most effective and efficient negotiation strategy he should use based on the comparison between different negotiation strategies in terms of respective benefits and drawbacks. In addition, it is also to advise David, Johnny, and Sally regarding the benefits and costs of using a mediator, in the context of the dispute between them.

Mediation is a very potent option that is highly important in organizations which is utilized for handling and resolving disputes. Essentially, the mediation process is very private, relaxed in setting, unpretentious, and optional. Generally, 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 centrally all levels of the organization and also in union settings as well as non-union settings (“Mediation of Workplace”, n.d.).

It also improved my knowledge, the steps involved and furthermore gave me confidence in participating in a mediation process. However, when reflecting on the role-play, question is raised to whether my experience of the mediation role-play was consistent with mediation literature. The philosophy of mediation revolves around themes and features which set mediation apart from the other forms of dispute resolution. Three themes that arose during this assessment, which assist in proving that the role-play was consistent with mediation literature, include empowerment, communication and voluntariness.