The book The Promise of Mediation, written by Baruch Bush and Joe Folger, outlines two different approaches to mediation: problem-solving and transformative. A problem-solving mediator uses a highly controlled process that directs the “substance of the discussion” (Burgess, 1997). Problem-solving mediators highlight the areas that the parties agree on, while avoid areas of disagreement. This approach means that problem-solving mediators play a large role in in “crafting settlement terms and obtaining the parties' agreement,” even though in theory all decisions are made by the participants (Burgess, 1997).
The transformative mediation approach differs from problem-solving mediation and allows the mediation process to empower participant’s decision making skills along with mutual recognition. According to authors Bush and Folger, empowering the participants during mediations allows them to “define their own issues and to seek solutions on their own” (Burgess, 1997). Since conflict tends to be a long term process, transformative mediation provides an opportunity for growth and transformation. Empowerment paves the way for a mutually agreed up on settlement to their current problem, and empowers the participants to use the tools during future disputes. The participants, not necessarily the mediator, become primarily responsible for the outcome (Folberg, 2004).
The first stage to the STAR approach is for the mediator to convene with and bring the participants to the negotiation table, and this step is considered to take place at an earlier stage in the process. According to Mediator and Author, Judy Cohen, “mediators, or other convenors, can use pre-session preparation to ensure that all parties understand the process and can part...
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...tionships. A transformative mediator would approach the closing stage by applauding the small steps that have taken place, as well as bigger steps that can occur during mediation. Transformative mediation will emphasize relationship-building, empowerment, and recognition much more than obtaining a settlement (Burgess, 1997).
References
Burgess, H. (1997). Transformative Mediation. Transformative Mediation. Retrieved May
13, 2014, from http://www.colorado.edu/conflict/transform/tmall.htm3
Cohen, J. (2003, July 1). Convening for Enhanced Self-Determination and Access to the Process.
Convening for Enhanced Self-Determination and Access to the Process. Retrieved May
13, 2014, from http://www.mediate.com/articles/cohen6.cfm
Folberg, J., Milne, A.L., & Salem, P. (2004). Divorce and family mediation: models, techniques, and applications. New York: Guilford Press.
How do poets make their stories come to life with a deeper meaning than what is just on your page? Kim Stafford, the phenomenal poet, can do all these amazing things. Born on October 15, 1949, Kim was raised by his mother and father Dorothy and William Stafford. Dorothy Stafford was a teacher and later became a widow. William was a poet just like Kim. Kim Stafford was not only a poet, but also a songwriter. Kim Stafford received a B.A. in 1971, an M.A. in English in 1973 and a Ph.D. in medieval literature in 1979 from the University of Oregon.
A good mediator steers the couple away from arguments and name-calling and makes the process as businesslike as possible. Mediation eliminates much of the rancor found in divorce court. The mediation process focuses on the real-life issues occurring at the end of a marriage instead of rehashing past ill will. A mediator doesn’t advise either partner, but helps them arrive at the best decisions possible through discussion and compromise.
"Courage is a blade of grass breaking through the icy snow” Bernard Waber. Courage means a variety of things depending on who you talk to. It could mean doing something you're afraid of to one person, while meaning completing a task in the face of problems, to another. Courage is a fluid term, it changes constantly and quickly.
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.
Ott, Marvin C. "Mediation as a Method of Conflict Resolution: Two Cases." International Organization 26.04 (1972): 595-618. JSTOR. Web. 3 Dec. 2013.
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.
From the beginning of time, mothers and daughters have had their conflicts, tested each other’s patience, and eventually resolved their conflicts. In the story “Two Kinds,” written by Amy Tan, Jing-Mei and her mother are the typical mother-daughter duo that have their fair share of trials. Jing-Mei is an American Chinese Girl who struggles to please her mother by trying to be the “Prodigy” that her mother wishes for. Her mother has great ideas to make her daughter famous with hopes that she would become the best at everything she did. Throughout the story, the mother and daughter display distinct characteristics giving the reader insight of who they are, how they each handle conflict, and helps define how their relationship changes over time.
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).
Mediation is an upcoming way of resolving disputes. More and more people prefer mediation over litigation, because it has some major advantages. These advantages are that it is private, fast and most of the time it maintains the relationship with the other party.
...w to apply these tactics into practice. Understanding the meaning of each tactics is just the first stage, flexibility in the use of appropriate tactics in future issues is more important. Besides, I need to make a detailed plan before the negotiation. Firstly, analyzing the interests, perspectives and weak points of the opposite side and selecting suitable tactics. Secondly, preparing several response strategies will help me to control the situations. Thirdly, setting the minimum level what I can agree on the issue is also essential part of negotiation.
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,
Mediation is a way to solve a dispute without having to resort to court procedure which sometimes could turned out to be rigid, formal and time consuming especially when it needed a lot of paperwork and the possibility of adjournment which could consume years. Besides that, unlike in court, mediator as a third impartial party did not acted as a judge who decides on the resolution however, the mediator will help the parties to explore the needs and issue which before preventing them from achieving a mutual resolution and settlement. The mediation process gave the authority towards the parties to agree with each other and open up the chance for the parties to meet with a resolution at the end of the mediation session.
The first stage of the negotiation is preparation. It is the fundamental process of negotiation. The purpose of preparation is to identify the opposing interests and priorities on the issue addressed (Ya’akub, 2014). The negotiator must have the information and knowledge of factual facts regarding the issue discussed. In addition, it is also to ensure that the negotiator be knowledgeable about the relevant information of the matter addressed. During this stage, the preparation includes the outlining of both sides negotiator interests for the purpose of identifying common interests among them (Ya’akub, 2014). It is important in order to ensure that mutual agreement will be achieved. This is because both sides of negotiator will have different interest in the same issue that will be addressed. Other than that, the preparation also includes the preparation for alternative options in case the initial options are rejected. As for this reason, the outcome of the negotiation is depending on how well does the negotiator being prepared for any possible change of plan. Moreover, the negot...