Essays on Influence of Mediation Style on the Parties to Achieve Consensus Coursework

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The paper 'Influence of Mediation Style on the Parties to Achieve Consensus" is a good example of management coursework.   In the world today there are conflicts between individuals, groups, organizations and industries where both parties stick to their own interests being achieved. Therefore a need for negotiation arises in order for the two parties to come to an agreement. According to the Social Development Division (2003, 99), mediation is a tool of negotiation that uses a neutral and independent mediator to help parties in reaching a consensus. It is the only negotiation that is substantive between parties and their representatives or lawyers.

Mediation takes place in a private place with no proceedings or records made public. It doesn’ t decide for parties but only assists parties to identify an area of consensus and develop strategies that will help overcome any obstacles to the agreement. There are different styles or models of mediation which include settlement mediation, facilitative mediation, therapeutic mediation and evaluative mediation which are applied depending on the situation (Felles 2010). A mediator usually has no vested interest in conflict at hand and usually plays a neural role.

Though mediators may have binding authority, they utilize persuasion, reason and alternative skills to produce results. The mediation process consists of two phases with the first phase where the mediator holds a conversation with parties separately to understand each party’ s view and prepare them to meet each other in search of a solution (Abramson 2004). The second phase is where a direct negotiation between the two parties takes place, but the mediator facilitates the negotiation as a neutral party (Wilkenfeld 2005). This paper will discuss how the style of the mediator influences the parties to achieve consensus in the case of Neighborhood Mediation scenario.

The mediation took place through a series of steps of the mediation process as explained by Schrumpf (2007, 50). First, the mediator welcomed the parties and introduced them in this case the church and the Neighborhood residents (Boulle 1996). He facilitated the reviewing of the ground rules to be observed during the mediation process and monitored by the mediator. Participants’ roles were outlined and mediation structure explained to them.

According to Hope (2010, 172), among the rules set to the facilitated smooth mediation process, all relevant information is to be disclosed to the mediator and the parties. To ensure there is sound understanding, documentation and complex concepts should be simplified to the fullest. Participants may be given the freedom to seek consultation and get more information from other people not involved in the mediation for approval. They are to refrain from characterizations and any personal attacks (Bredger 2001). Both parties need to respect each other by allowing them to present their ideas and solutions without interruption (Berger 2008-2009).

Prejudice in everything disclosed during the session mediation is not permitted. According to Spencer & Brogan (2006, 114), each party is to be given an opportunity to present their views. Both parties are expected to develop criteria that will enable them to reach a solution. They also need to thoroughly consider their proposed alternative and solution. Parties may also be free to request a caucus at any appropriate time (Cooley & National Institute for Trial Advocacy 2006). In any mediation, the mediator is expected to encourage the parties to communicate directly with each other and in case they are represented by lawyers; they are welcome at the mediation.

A solution can be facilitated greatly is a lawyer has an understanding of the disputed history. The mediator may also welcome other people who are critical to dispute resolution to participate but he may limit the number of each party representative in order to prevent undue delay in reaching a resolution. The mediator also controls the environment in which the mediation takes place to prevent the parties from feeling threatened.

In this scenario, the mediator asked the children to be taken outside to avoid movement, screaming and making noise while the mediation proceeding. Security guards were asked to stand outside close to the mediation venue to avoid tension among the parties. The mediator then gave an opening statement outlining the parties’ role and demonstrated neutrality. He gave a comment on what he saw as the issue and confirmed the data after receiving case briefs (Randolf & Strasser 2004)).

Reference

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