Essays on Impact of the Style of the Mediator on the Parties to Achieve Consensus Coursework

Download full paperFile format: .doc, available for editing

The paper "Impact  of the Style of the Mediator on the Parties to Achieve Consensus" is an outstanding example of management coursework.   The use of mediation approach in conflict resolution continues to increase. It is widely being used to settle a wide range of disputes, including political, legal, business, and family conflicts. Its success and effectiveness in looking for lasting solutions to disputes have greatly boosted its popularity throughout the world. Consequently, scholars have intensified research in this field, and continue to pay increased attention on how to improve the process.

Mediator refers to the third party to a conflict, whose main role entails facilitating free communication between the parties involved, by helping them focus on the real issues at hand. Unlike Arbitrator, the mediator does not make a decision for the disputants but concentrates in identifying the causes of conflict, defining the dispute by highlighting the key issues for deliberation, and facilitating a common ground for negotiation. The mediator, therefore, is a key determinant of whether or not the two parties will achieve a consensus. The success of a mediation process lies in the willingness of the parties to participate in the process.

In addition, the approach used in the mediation process has an indisputable influence on the outcome of the whole process. This article explores how the style used by the mediator can influence the parties to reach a consensus, with emphasis on the strategies and tactics employed and how they enhance or diminish the prospect of the process. My claim is that the mediator must employ a confidence-building approach in order to bring the disputants to a common and neutral ground for the negotiation process.

The disputants must have confidence in the process itself and should be willing to compromise their grounds in order to reach agreements mutually created, and therefore, binding. The styles and approaches used vary considerably with the model of mediation employed. The style in which the mediator introduces the subject of discussion as the initial step remains a significant strategy towards effective mediation. This is because the opening statement not only educates the parties about the mediation process, its goals, and a general game plan, but it also sets the tone for the session (McClellan 2007).

Even though the statement’ s content and scope may be subject to personal style, the mediator should use it to establish his or her credibility with the disputants with the aim of winning their trust. This will help the disputants to believe in the mediator and the outcomes of the process. The mediator’ s impartiality cannot be overemphasized. A mediator should avoid playing detective but should let both parties share their perceptions and desire one on one (Latifi 2009). Having preconceived opinion over the dispute would undermine and compromise mediator’ s objectivity.

Since the mediator is a neutral party to the dispute, his biasness in any way is undoubtedly against the spirit and principles of mediation. As such, Silveira (2007) argues that the mediator should, at all time, remain impartial during and after mediation, and should not impose a particular settlement on the parties. Some mediation initiatives in the past may not have yielded consensus due to mediator’ s biased position. Whichever dispute at hand, the mediator should consider disclosing any possible conflict of interest or factor that may lead one of the parties in the dispute to develop a feeling of bias or favoritism (Anders 2004).

References

Anders, TM 2005, ‘Taming intractable conflicts: mediation in the hardest cases’, International Journal on World Peace, vol. 22, no. 3, pp. 87-94.

Doherty, N & Guyler, M 2008, The essential guide to workplace mediation & conflict resolution, Kogan Page, London.

Erickson, SK & McKnight, MS 2001, The practitioner’s guide to mediation: a client-centered approach, John Wiley & Sons, New York, NY.

Grappo, D 2000, ‘Questions litigators ask about mediation’, Journal of Dispute Resolution, vol. 55, no. 2, pp. 32-38.

Katz, E 2007, ‘Family therapy perspective on mediation’, Journal of Family Process, vol. 46, no. 1, pp. 93-105.

McClellan, JL 2007, ‘Marrying positive psychology to mediation: using appreciative inquiry and solution-focused counseling to improve the process’, Journal of Dispute Resolution, vol. 62, no. 4, pp. 29-35.

Silveira, MA 2007, ‘Impartiality Vs. substantive neutrality: is the mediator authorized to provide legal advice’, Journal of Dispute Resolution, vol. 62, no. 1, pp. 26-40.

Smith, AL & Smock, DR 2008, Managing a mediation process: United States Institute of Peace, Washington, DC.

Strasser, F & Randolph, P 2004, Mediation: a psychological insight into conflict resolution, Cromwell, New York.

Twomey, RF 2006, ‘Mediation and its merits as an alternative method of employer-employee dispute’, Journal of Competition Forum, vol. 4, no. 2, pp. 414-426.

Latifi, L 2009, ‘Mediate a dispute: the right way to deal with drama’, Psychology Today, January 2009, p. 26

Download full paperFile format: .doc, available for editing
Contact Us