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 typically ordered in types of cases that there is significant emotional ties; creating a potential for hostility, loss of relationships or personal feelings getting in the way of reaching an agreement. Arbitration is the best option for cases where the parties simply cannot come to an agreement and decide to have someone else decide the outcome of the case for them, without the expense and formality of a trial. Arbitration is also useful in highly complex cases where it is necessary to have a highly trained professional come to the
...e personality clashes or warring egos, I believe it is important to act as a mediator that actively listens, when using confrontation techniques. Managing the conflict is about finding a mutual solution that is amicable to all parties concerned. For the mediator it is most important to have the ability to define the problem while acting as an intercessor and look for alternatives in its resolution while diffusing the conflict.
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Although functions of mediators and arbitrators have several characteristics in common, there are significant instrumental differences that make them distinct from one another. Firstly, whereas the arbitration process is similar to litigation in its adversarial nature, in which parties have the objective to win the dispute, the fundamental goal of mediation is to bring the disputants to settlement through compromise and cooperation without finding a guilty party. In arbitration, parties compete against each other in “win-lose” situation. During mediation, parties work on mutually acceptable conditions with the assistance of a facilitator. In this process, mediators do not have power to make decisions, they work to reconcile the competing needs and interests of involved parties. The mediator’s tasks are to assist disputants to identify, understand, and articulate their needs and interests to each other (Christopher W. Moore,
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Mediation is an extension of the negotiation process and shares some similarity with conciliation process.