Effective Mediation Essay

Effective Mediation Essay

Length: 3467 words (9.9 double-spaced pages)

Rating: Powerful Essays

Open Document

Essay Preview

1. Introduction
The practice of settling human conflicts through intermediaries has had a rich history in Western and non-Western cultures and therefore a broad range of forms and functions. The conflicting parties in most of the societies and at all stages of social interaction have had access to external actors to whom they approach when they come to the conclusion that they are incapable to handle their different opinions by themselves. In this case, an ordinary response to identify contradictions in objectives and values be-tween adversaries is to enter into a process of negotiation in order to achieve an agreement on such differences, which is mutually acceptable. In consequence, negoti-ation seems to be a universal, human phenomenon, though it is often expressed in different forms that are suitable to each cultural context. Mediation aims at fostering the negotiation process and has become one of the most important methods of resolving international conflicts. (cf. Fisher 2001: 1; Bercovitch/Jackson 2009: 32) Nevertheless, mediation needs to be adapted to the norms and assumptions of any given cultural milieu, which can be an organization, or set of institutions, an international diplomacy, and the culture of a society or an identity group. Furthermore, practitioners as well as scientists of mediation have tried to create basic models of this process to find and explain many of the vital elements of mediation. (cf. Fisher 2001: 1; Rothchild 2008: 101f.) Without a doubt the process of finding models to reach a deeper understanding of mediation is still not finished. Although an extensive body of literature on the subject exists, the theory of how mediation works is not well originated and there is no consen-sus concerning th...


... middle of paper ...


...reduce conflict escalation and promote arrangement, hoping that the mediator will influence the other party, to show their commitment to resolution.
Regarding the characteristic of the mediator respectively a third-party, there are several aspects which are worthwhile to mention. Mediation is a voluntary and peaceful process and therefore an attractive option for loads of states. As a result, the mediator is only able to mediate when the conflicting parties see him as acceptable, reasonable, and knowledgeable. Further vital preconditions for effective mediation, which the me-diator should fulfill, are trust, credibility, and a high degree of personal skill and compe-tence. Additionally, characteristics like objectiveness or impartiality are also cited as being strongly linked with effective mediation. (cf. Bercovitch/Houston 1996: 25; Berco-vitch/Gartner 2009: 5)

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Transformative Mediation Explored Essay

- Introduction In life we are constantly facing an array of spiraling moments, whether it is a spiral in our thought processes, day to day events, or in our relationships. These spirals in life can either move in an upward or downward direction, upward being the more positive of the two. When taking a close look at the possible situations that could take place, there are moments when mediation is a necessary tool for problem solving. Firmly believing that relationships are important factors in our lives, transformative mediation is one of utmost importance because it works to reverse any downward spirals taking place within our relationships....   [tags: Mediation Essays]

Powerful Essays
2023 words (5.8 pages)

Mediation For The Mediation Process Essay

- 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....   [tags: Mediation, Negotiation, Bargaining]

Powerful Essays
1505 words (4.3 pages)

Mediation Is A Negotiation Technique Essay

- For approximately 20 years, mediation has been used in varying degrees in Australian courts. Essentially pioneered by Sir Laurence Street AC, KCMG, QC and by The Hon. Trevor Morling QC, a former judge of the Federal Court of Australia. Mediation is a negotiation technique whereby an impartial person, known as a mediator, helps involved parties to distinguish and consider appropriate possibilities and negotiate an agreement to resolve their dispute. It is considered an alternative to court proceedings....   [tags: Dispute resolution, Mediation]

Powerful Essays
1024 words (2.9 pages)

Negotiation : Achieving Effective Negotiation Essay

- Negotiation, competition is having a leader to propose solutions and resolve differences of ideas or opinions of the parties, based on sufficient authority and justice, focusing on common interests, trying to reconcile and mediate equitably to the parties, avoiding manipulation and bias of personal interest. The description of a work often includes negotiation skills as a desirable quality in applicants a fee list, however the ability to trade implies a set of communication and interpersonal skills to be used together to achieve a satisfactory result ....   [tags: Negotiation, Contract, Mediation]

Powerful Essays
1504 words (4.3 pages)

Limits of Mediation: Sudan Peace Mediation Essay

- Limits of Mediation: Sudan Peace Mediation Is the Sudan peace mediation by IGAD the answer to the questions of whether the mediators are guaranteed by the conditions and demands how about the parties to the conflict or can they strike out. With little contemplation as to the alternative or consequences the IGAD mediation team did chose to be in bound by the parties. Something exceptional was the Machakos Protocol which was short and the vision was very far limited, upon which was supposedly based on by the DoP....   [tags: darfur, internal conflict, peace agreements]

Powerful Essays
993 words (2.8 pages)

The Protection for Mediation Communications Essay

- I. INTRODUCTION Mediation has become an effective and popular form of dispute resolution since the last decade. Specifically, from 2005 to 2008 in Georgia, there were 523 settlements through mediation from 763 total cases. Under this informal process, mediator as a third and neutral party encouraged a broad ranging discussion of facts, feelings, issues, underlying interests, and possible solutions to the parties’ conflict. Moreover, mediation referred to the philosophy that the parties voluntarily reached any agreement through a process of cooperation and compromise without declaring the winner and the loser....   [tags: dispute resolution alternatives]

Powerful Essays
3054 words (8.7 pages)

Essay on Interviews on the Art of Mediation

- ... A mediator’s personality plays a large role in the mediation process, Zumeta’s helping personality and some luck helped propel her work with the field of mediation. Hartgering agrees that a mediator’s personality plays a role in mediation. He recounted that a mediator must develop their own style and has abilities of adaptation. He continued to distinguish a mediator as self sufficient, independent, have initiative and drive in the field. (Benjamin et al, 2005). Hartgering interview was relatable personality with the fact that he stuttered and took classes on speaking such as toastmaster to improve speaking....   [tags: Bill Hartgering, Joseph Stulberg, Zena Zumeta]

Powerful Essays
1735 words (5 pages)

Essay on Features of The Litigation and Mediation Process

- There are various features of both the litigation and mediation processes, each affecting the parties to a dispute. Determining these effects depends on the process, what approach is taken by the third parties, the role of the third party, the subject of the disputes and the binding nature of the final outcome. The objectives of each process also play a vital role in determining the impact that is felt by parties. There are a multitude of features of litigation which have a variety of effects on the parties of a dispute....   [tags: adversary system, opposing parties]

Powerful Essays
821 words (2.3 pages)

Why I Feel Mediation? Essay

- consistent and focusing on completing the project efficiently. Therefore, she is trying to convince Daniele that the proposed solution is fair by consistently stating this is about the project not his sexual orientation. In doing so she is trying to avoid the feelings of inequality by mean of having one set of rules for this person and a different set for another, in which favoritism might be expressed and concentrating on the project. Daniele feelings of discrimination the inequality will eventually erode the relationship between him and management and might also set a precedence that a coworker would not have to work with whomever they want to....   [tags: Employment, Feeling, Empowerment]

Powerful Essays
899 words (2.6 pages)

Mediation Is the Best Method to Resolve Workplace Disputes Essay

- A recent movement emerging throughout many businesses today is the development of workplaces that are more collaborative and less confrontational. Companies and workers alike are gradually recognizing the problems each other face when they treat each other as adversaries, instead of partners, when producing goods or services. Progressive firms are revisiting management and production methods that stress informed participation, expanded responsibility, and decentralized authority. To achieve these objectives, organizations are discovering that mediation is the best method to resolve workplace disputes....   [tags: collaborative as opposed to confronational]

Powerful Essays
1631 words (4.7 pages)