The art of mediation comes in different styles and form in today’s society. With all the styles and formats, the foundation on helping others try to solve their disputes still hold true. In the early years of mediation, many of today’s well known mediators used their backgrounds as a foundation for their mediations, today’s mediators use their specialty skills to conduct mediations in some of the same ways in the early years of mediation. According to Moore, mediation is an intervention in a conflict accepting a third party to assist in reaching mutually acceptable settlements (2003). Beer, Packard, & Stief (2012) define mediation as a process for resolving disputes where an intermediary helps conflicting parties have a conversation to jointly have a conversation. During the early years of mediation, the mediation movement expanded and developed to significantly high levels (Moore, 2003). There were a number of leaders who broke new grounds in the field of mediation pushing mediation to what it is today. Leaders in the field of mediation were interviewed on their views, thoughts and practice concerning mediation along with the conflict management field. The analysis of Bill Hartgering, Joseph Stulberg, and Zena Zumeta interviews contents will be discussed.
Backgrounds
Zena Zumet’s started the within the field of mediation from her background role in labor negotiations. Her background helped propel the mediation movement in the early years of mediation. The background in labor negotiations translated smoothly into the field of mediation. Likewise the same is true for Joseph Stulburg’s background which helped him fall into mediation. Bill Hartgering’s background in law also played a role in how he conducts mediation (Benja...
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Mediation is whereby a detached third party helps the disputants to reach a bearable agreement on their differences (Moore, 2003). Family mediation involves resolving disputes between the divorcing couple through an informal negotiation (Benjamin & Irving
In general, mediation is directed by a neutral third party who can by what he had of skills and abilities focus on guiding the behaviors of the parties towards discussing the issues that need to be faced, while receiving separate and confidential communications from the parties until he reached a certain level of understanding with them that the conflict can be resolved.
Facilitative mediation, according to Zumeta, “is an approach in which the mediator structures a process to assist the parties in reaching a mutually agreeable resolution” (Zumeta, 2000, as cited in Folberg, Milne, & Salem, 2004, pg. 32). The mediator is dedicated to the overall process of the mediation, rather than the outcome. This “process oriented” approach to mediation ensures the clients are the center of the process, communication is central, and the talks are interest based rather than position based. (Mayer, Bernard, as cited in Folberg, Milne, & Salem, 2004, pg. 32).
Ott, Marvin C. "Mediation as a Method of Conflict Resolution: Two Cases." International Organization 26.04 (1972): 595-618. JSTOR. Web. 3 Dec. 2013.
Abigail, R. A., & Cahn, D. D. (2011). Managing conflict through communication. 4th Ed. Boston: Allyn and Bacon.
Mediation is essential in the workplace because it affords an opportunity for employees in dispute to communicate their position as well as consider the perspective of the other party ("Mediation in the Workplace – A Proactive Approach to Preventing Litigation and Promoting a Healthier Work Environment," 2011). The mediation process helps improve employee engagement and reduce the number of issues referred to a higher authority. The Employment Practices website (http://www.epspros.com/news-resources/whitepapers/2013-prior/mediation-in-the-workplace.html) provides useful information about the importance of mediation in the
In conclusion, a peer mediation program has benefits that could help any organization. Important to an effective peer mediation program is and effective and thorough training plan. The development of this plan should be comprehensive and deliberate. In addition, to the training aspect of this program, developing and recognizing the strengths’ and weakness’ of the mediators is important. Other factors such as the environment and personalities have impactful bearings on the direction of the mediation. Lastly, choosing the correct style of mediation for the situation is necessary. Some styles will work better than other and they are all scenario driven.
Mediation is a suitable solution for competing rights disputes because both participants have a recognized Human Rights Code right that needs to be accommodated. Mediation should be used when the parties can not reach an agreement through negotiation because mediation is effective for resolving complex human rights disputes. Mediation encourages parties to participate in creative and cooperative efforts to reach a beneficial solution. Litigation is less likely then mediation to result in harmonious solutions. Additionally, mediation repairs relationships and aims to make both parties understand each other’s perspectives through open discussion. Furthermore, mediation is effective in competing rights scenarios because settlements are legally enforced. Legal enforcement creates empowerment and trust because both parties are required to comply with the settlement
Considering the fact that the average rate of a legal counsel is $350 per hour, very few clients can afford an extensive litigation despite their notions of righteousness and a desire for a justice to triumph. Mediating civil and family disputes offers a great alternative to the litigation and relieves the pressure off the Canadian justice system that is already over-burdened and backlogged. Whether parties enter mediation as a mandatory court ordered process as in civil cases, or whether parties enter mediation freely as in family law cases, the expectations of parties remain the same. Parties expect mediators to be neutral, impartial and objective when conducting mediation sessions, however, and to the dismay of many, even mediators are vulnerable and susceptible to implicit cognitive biases that guide their thinking processes and behaviour.
Poitras, J. (2007). The Paradox of Accepting One's Share of Responsibility in Mediation. Negotiation Journal, 23(3), 267-282. Retrieved January 23, 2012, from ABI/INFORM Global. (Document ID: 1313496891).
Abigail, R. A., & Cahn, D. D. (2011). Managing conflict through communication. 4th Ed. Boston: Allyn and Bacon.
Mediation is an extension of the negotiation process and shares some similarity with conciliation process.