Essays on Mediation and Conflict Management Case Study

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The paper 'Mediation and Conflict Management" is a good example of a management case study. Conflicts in the construction industry are unavoidable. The causes of the conflicts can be related to inappropriate contracts and unpredictable incidents that could not be foreseen at the signing of the contract (Fenn, 1992, p. 256). Contracts are the basis of daily conflicts in the construction industry. Company reputations need to be preserved and also contractor-client relationships need to be maintained for the purpose of future business. For this reason, conflict resolution strategies like mediation serve better than court proceedings.

The essay seeks to analyze the mediation of a conflict between two parties of a construction contract, Jacqueline and Lillian. Other parties are also involved in the process. Client Group, Background to the Dispute and Nature of the Conflict Jacqueline’ s father has contributed to her house renovation expenses by selling his house and moving in with Jacqueline and her children. She is a single mother of two pre-school children who need their grandfather’ s presence in the mornings when their mother is holding her classes. MACE construction is another party to the conflict since it has a contract with Jacqueline and is represented by its manager Lillian.

The conflict is as a result of part performance of a contract between the MACE construction company, represented by Lillian, and Jacqueline, who is its client. Being a viable contract, it is enforceable by law by any of the parties that feel aggrieved. However, mediation can help both parties resolve the conflict by getting to understand each other, the causes of the conflict and what measures could avoid repeated mistakes. Mediation helps parties that need to preserve their relationships as it enables the resolution of conflicts while maintaining the relationship between parties (Lovenheim & Guerin, 2012).

Determining the nature of the conflict and the issues surrounding it is the first step towards the resolution of the conflict.

References

Bennett, M. (2012). Repudiation and Terminating a Contract. Seven Wentworth Chambers

http://www.legalwiseseminars.com.

Boulle, L. (2005). Mediation: principles, process, practice: Mediation as a comparative dispute

resolution process. Sydney: LexisNexis.Butterworths.

Bush, R. A. B., & Folger, J. P. (1994). The promise of mediation: Responding to conflict through

empowerment and recognition. San Francisco, CA: Jossey-Bass.

Clarke, P. & Clarke, J. (2012). Contract Law: Commentaries, Cases and Perspectives. OUP

Australia & New Zealand.

Clarke, P., Clarke, J. & Zhou, M. (2008). Contract Law: Commentaries, Cases and

Perspectives, Oxford University Press, South Melbourne, Vic.

Fenn, P. (1992). Construction Conflict Management and Resolution. Taylor & Francis

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Lovenheim, P. & Guerin, L. (Nolo). Mediate, Don't Litigate: Strategies for Successful Mediation. http://www.nolo.com/products/agreement-to-mediate-pr346.html

Micronet.com (2011). Contract Validity, Breach of Contract and Termination.

http://www.misronet.com/construction_contract.htm

Shapiro, B (2005). Inherent conflicts in the construction industry and the structure of contracts.

http://www.shk.ca/docs/SHK_InherentConflictsConstructionIndustryStructure_of_Contracts.pdf

Veitch, K. (2011). Social Solidarity and the Power of Contract. Journal of Law and Society, Vol. 38, Issue 2.

Wade, J. (1999).What skills and attributes do experienced mediators possess? ADR

Bulletin: Vol. 2: No. 5, Article 3. Available at: http://epublications.bond.edu.au/adr/vol2/iss5/3

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