Essays on How The Mediator Influences the Parties to Achieve Consensus Coursework

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The paper "How The Mediator Influences the Parties to Achieve Consensus" is an outstanding example of management coursework.   Mediation is the key factor used in almost all conflicts and its main objective is to bring the resolution and settling of the disputes. It has been in use ever since the days before Christ for example in the Old Testament of the Bible where it brought resolutions to many disputes. It has been used at the national level where clans go in war because of some misunderstandings to the international level where we see nations or countries disagreeing on certain issues.

Mediation is also employed in literature for example in the Sophocles’ Ajax (500yrs B. C.) as well as the Homer’ s Iliad 750 yrs before Christ (Bercovitch & Rubin, 3). Another area where mediation is employed is in industrial relations, family law implementation, in civil and criminal litigations as well as in the international relations. In this context, we are going to look at the role of the mediator and his importance to this whole process, the parties involved in the conflict as well as the different forms of mediations that can be employed to come to a resolution.

Lastly, the consensus of the conflict where we shall talk about the different foam of consensus applied in mediation. The mediator is a very significant person in any conflict and the role he or she plays is what matters greatly in such a case (Alexander, p9). There are many things that the mediator should keep in mind and follow without fail. To begin with, the mediator should be neutral when assessing the conflict and he should never have any vested outcome interest between the parties in the dispute because this may badly affect the outcome of the mediation process.

The ground rules, therefore, determine how the parties will behave in the whole process. Another important thing that the mediator should note is that he or she should be able to understand the conflict well and therefore be able to explain or break it down to the parties that they may also understand it well before they start resolving it. It is very easy to find the solution to any problem as far as everybody understands where the problem was and the way forward.

Eventually, the mediator after explaining the details of the conflict to the parties is now able to leave the parties to decide on the agreement which they wish and in so doing everything shall have been settled well (Berger, pg12). Another thing is that the mediator should be a well trained and equipped professional person who should as well be very confidential to protect the image of the whole process. He or she should not reveal or expose any secrets laid down in the process to other unconcerned outsiders whose work is to spread gossip about everything as well as exaggerating the matter. Thirdly, the mediator should be well equipped with the laws that govern the two parties.

Actually, other than the laws or the rules and regulations that they set to lead the mediation process, there are also the laws of being it a community, province, nation or even international matters that govern the body and should be well interpreted and implemented in the whole process (Hardy, pg 39).

Moreover, there are certain problems which occur during the mediation process. Some of these include the delay or taking very long period before coming to the resolution, reaching to the expenses involved in the whole process as well as the rigidity of the process. Therefore the mediator should have a way to minimize such problems and this can only happen when the mediator is a professional in that field. For example, taking a very long period to come to the solution is mostly solved well when the mediator is capable of making the two parties to understand where the problem is and hence coming up with the resolution quickly (Fells, p34).

The mediator should be in a position to let the two parties have equal participatory changes so that all of them can be able to express themselves well as they wish. This is a very important point that should be taken into consideration by the mediator because it is what brings out the differences between the mediation process and the use of courts and judges.

Bibliography

Alexander. (2008),” The Mediation Metamodel: Understanding Practice”, Conflict Resolution Quarterly. Vol.26(1), pp.97-123.

Berger, J.M.,(2008-2009),”Respect in Mediation: A counter to disrespect in the workplace”, Dispute Resolution Journal, Vol.63,pp.18-26

Brooker,P.,(2007), “An Investment of Evaluative and Facilitative Approaches To Construction Mediation”, Structural Survey, Vol. 25(2/4), pp. 220-238.

Da Silveira, M.A.,(2007), “Impartiality v. Substantive Neutrality: Is the mediator authorized to provide legal advice?”, Dispute Resolution Journal, Vol.62(2),pp.26-33.

Fells, R (2010) Effective Negotiations: from research to results: Cambridge, Cambridge University Press.

Gabel, S.,(2003), “Mediation and Psychotherapy: Two sides of the Same Coins?”, Negotiation Journal, Vol.19(4), pp.315-328.

Gatan, R.,& Kleiner,B.H.,(1999),”How to conduct mediation effectively”, Equal Opportunities International, Vol.18(5/6),pp.69-73.

Goldberg, S.,& Shaw, M.L.,(2009),’Is the mediator’s Primary goal to settle the dispute?”, Dispute Resolution Magazine, Vol.15(2),pp.16-19.

Hardy, D.,(2008),”Mediation and Genre”, Negotiation Journal, Vol.24(3), pp.247-268.

Latifi, L, (2009),”Mediate a dispute: The right way to deal with drama”, Psychology Today, January,p.26.

Medison, J.R.,(2008),”Everything you need to know about authority to settle a mediation”, Dispute Resolution Journal, Vol.63(2),pp.20-24.

Moye, N.A., & Langfred, C.W.,(2004), “Information sharing and group conflict: Going beyond decision making to understand the effects of information sharing on group performance”, The International Journal of Conflict Management, Vol.15(4), pp.381-410.

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