Essay Effective Mediation

Essay Effective Mediation
1. Introduction
The practice of settling human conflicts through intermediaries has had a rich history in Western and
non–Western cultures and therefore a broad range of forms and functions. The conflicting parties in
most of the societies and at all stages of social interaction have had access to external actors to
whom they approach when they come to the conclusion that they are incapable to handle their
different opinions by themselves. In this case, an ordinary response to identify contradictions in
objectives and values be–tween adversaries is to enter into a process of negotiation in order to
achieve an agreement on such differences, which is mutually acceptable. In consequence, negoti–
ation seems to be a universal, human ... Show more content on Helpwriting.net ...
A special research field in the mediation literature intends to shed light on the question, how
influential the impact of mediator's characteristics and motivations on the mediation process is.
Concerning the state of research, the studies of this debate show a divergent picture. There are
scientists who have queried the significance of mediator's impartiality (Bercovitch/Houston 1996;
Kydd 2003, Touval 1982; Zartmann/Touval 1996). Scholars like Saadia Touval have underpinned
that mediators are often biased and can perform their tasks just as well if not better as impartial
mediators. Additionally, Touval and Zartmann stated in their study that mediation is an exercise in
power politics: "leverage is the ticket to mediation" (Touval/Zartmann 1989: 129). In 2003, Kydd
finds that mediators use their leverage to one of the two conflicting parties and therefore constraint
concessions. Thus, the mediator must be biased to be effective. This means that merely a mediator
who is biased towards one side can credibility tell them that the opponent will not make peace
without the concession. Carnevale and Arad (1996) also remarked the importance of bias.
Nevertheless, they suggest that impartiality should not be underestimated and therefore be taken in
to consideration.
However, there are a few practitioners who claim that the honest mediator must,
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Workplace Mediation
Unit 1
AO1 Describe the causes and effects of workplace conflicts
Conflict is an inevitable and is part of business life, where there are people there will always be
conflict, not all conflict is negative. Some workplace conflict s healthy and if viewed positively,
however where unhealthy conflict is present it has a potential risk to cause the company serious
problems Workplace conflict can be in many forms from serious flare–ups to less obvious, but less
destructive forms of negativity. Workplace conflict can be caused by personality clashes or style
differences and personal. Workplace factors such as poor leadership, poor management, unfair
treatment, poor communication, budgets, discrimination, Unrealistic work expectations ... Show
more content on Helpwriting.net ...
Low trust can paralyze the business because conflict situations are addressed with ridicule, anger, or
silence and results in fear of conflict, and lack of commitment. In the same company the MD
promised staff things but would never carry them out, this made staff frustrated and they did not
trust anything he said and this generated a very poor work environment. Under performance can
create more conflict, have a major effective on the business strategy, productivity, morale of other
team members. Resulting in failure to pass on information or act on information received,
withdrawal or non–communicative behaviour, aggressiveness towards others, lengthy absences from
the work area, excessive or unexplained absenteeism, unusually delayed completion of work. In my
experience under performance is generally down to poor management or the style of the manager.
Covert sabotage is deliberate damage to work processes and of management 's efforts and usually
occurs when employees are angry at their employer but it can be directed at fellow employee
especially when conflict exists. A good example of this was when I was an apprentice on of my
colleagues had the lock of his tool cabinet filled with glue which meant he could not unlock it and
get his tools out to start work. It later came to light that this was done by one of his colleagues
because he was always getting the best jobs and he was the foreman's favourite. Low morale has a
destructive effect on performance,

Mediation For A Second Party
At times conflicts between the parties become difficult to manage or resolve among themselves.
More and more employers and organizations are seeking to resolve these conflicts using a third
party: mediator or arbitrator, (Meade, 2000). Disputes relating to discrimination of all kinds,
harassment, or strikes can be extremely costly and time consuming when litigated in court.
Arbitration or mediation can be a solution to seek an effective resolution to the conflict at hand
without escalating or using a court of law. A third party provides the opportunity for each party to
vent their concerns, perspectives, and emotions of the conflict. Through this process, the arbitrator
or mediator will realize how difficult is the conflict and what is the true center of the dispute.
Moreover, this third party can separate matters that are priorities and which are not, in order to reach
an agreement, (Janasz, Dowd, and Schneider, 2009; Meade, 2000).
Mediation Mediation is a very popular and cost–effective option increasingly used as an alternative
to extensive and costly litigation. A mediator is a neutral third party that has no gain on the results of
the agreed commitments of conflicts. Mediators are used to facilitate the conversation and/or
negotiation conflicts between parties by motivating them to work out their differences in an
organized matter, (Janasz, et al., 2009). It is important to highlight that mediators leave the creation
of the solution principally to the disagreeing

The Ethics Of Mediation
I. Introduction
"One of the key stressors mediators face in practice relates to trying to support the achievement of
party self–determination, at the same time as fulfilling an ethic of mediator neutrality."
The above quote illustrates one of the difficulties mediators face under the current mediator
neutrality ethical paradigm. Often, mediators struggle to keep their preconceived opinions and
biases out of the process in order to maintain their neutral third–party stance and support party self–
determination. Mediation is a dispute resolution process that primarily focuses on maximising
parties' self–determination. However, a paradox exists under the current mediator neutrality ethical
paradigm. While mediators are not allowed to influence the content of decision–making in
mediation, they must pay attention to the content of the settlement in order to ensure that the
interests of all parties are represented. Under such circumstances, mediators are inevitably
influenced by their own cognitive feelings and judgment. Consequentially, many have questioned
whether it is even possible for a mediator to be neutral in any mediation process and uphold party
self–determination. ... Show more content on Helpwriting.net ...
This essay explores one of the suggested alternatives – the contextual ethical approach.
For the purposes of this essay, we will be discussing the following issues:
a) the meaning of contextual ethics in relation to mediation;
b) whether contextual ethics offers a better way to ethically support parties in mediation;
c) the difference contextual ethics would make to Singapore's current mediation ethics; and
d) suggested changes to be made to the Singapore International Mediation Institute's (SIMI) code of
professional conduct if Singapore were to embrace contextual ethics.
II. Contextual ethics in relation to

Mediation For A Peaceful Way
In general, in most cases, some conflicts can be handled in various way by not speaking to the other
person or walking away. Often times, conflicts happen in the work place so, you can't avoid the
person so, everyone needs to be able to handle conflicts in a peaceful way. In short, there are many
ways to solve a dispute which are by arbitration, adjudication, ombudsperson, conciliation and
mediation which is the prefer choice. Mediation is the preferred choice because mediation restores
communication and help to normalize relationships in a work place so, relationship and identity
conflicts can be handle at the lowest level. Tension in the office. In short, majority of people in
America's love their job and because of numerous reasons such as their Equal Opportunity Policy,
advancement opportunities, flexible working hours, and a work place that has some policies in place
to handle conflicts. After graduating high school, I was looking for the previous those qualities I
mention earlier in an employer so, I decided to join the military. While in the military, I learned their
structure was what I was looking for, the advancement opportunities were great they had written
instruction stating on how to handle any conflicts. During my time in the military, I learned when
you advance you're giving more responsibilities and some of those responsibilities is outside of your
job description, but in the military they view it you having the ability to handle multiple
assignments.

Reflection On Mediation Skills
Pre–class Reflection on Mediator Skills
Janice Otto
Peace Skills Workshop – Mediation Skills
Wendy Kroeker
October 22, 2017 I have had the privilege of facilitating people in a variety of situations. As a result,
I have learned and practiced many of the skills that are used for mediation. Some of these skills are
empathy, intuition, active listening, helping a person to expand their viewpoints by challenging them
and offering alternative ideas I am also strong with coming up with creative solutions (Howden.
2015). Many people have told me that I am very good at facilitating. I do not ever receive any
growth feedback and I do not find this helpful because I believe there is always room to grow. I am
a novice and I know that there is a lot to learn in order to be more effective in helping people. For
instance, tenacity is a weakness (Howden. 2015). I know I have a lot to offer by way of helping
people in their lives, but am also very aware that there is so much more to learn.
One of my strongest skills is active listening. Over the years, many people have told me I am an
excellent listener. Helping people to identify their feelings is key for them to move forward. I have
been told that I ask thoughtful questions which have been helpful. This is a skill I have worked on a
lot. I am an empathetic person and am able to really hear and understand two sides of a story.
Although there are times it is hard not to pick sides, I have practiced letting go of judgement as a
lifestyle which I think will be useful in mediation. For many years I have been required to maintain
confidentiality which gains trust. When it comes to creativity, I am very strong. In my family, it has
been my role to come up with solutions that work for everyone. I have been rather successful at it.
At times, when not everyone gets what they want, they may not like it but accept it because they
understand the reasons (Howden. 2015).
I believe there is a lot to learn to be an effective mediator. Having read the articles assigned I realise
there is a particular process that I was unaware of. (Sebok. 2002.) To this point, I have been a peer
facilitator and therefore experienced the situations that people come to me with. It had not

Mediation Dispute Resolution
Mediation was created to help parties compromise when they have a conflict or dispute. It was
designed so that the parties involved are able to settle there legal issues without having to go to
court. Mediation is most effective when the problem is small and between two parties, it is growing
in fields such as family law, and is a popular form of resolution between landlords and tenants.
Mediation is an effective form of dispute resolution for three reasons, the courts are sometimes too
busy with cases and this will eliminate that process, there are no overwhelming lawyer fees, and it
supports a mutual satisfaction between the two parties.
First, courts are constantly backed up with many different kinds of cases that have no time frame of
how long they could take, some people can not afford to wait and want their problems to be solved
as quickly as possible but want the end result to be fair. Mediation solves this conflict of interest by
giving you a way to solve your problems as soon as possible. With the option of mediation in the
court system, the process people would have had to go ... Show more content on Helpwriting.net ...
With mediation, both sides are heard equally and fairly. These stories are heard more than once and
a solution is determined that is agreed by both parties so that each party leaves happy with the
outcome. A common goal is key and helps both sides figure out what the right thing is. The mediator
will continue to state ideas and will make decisions based on there reaction and responses.
Mediation helps solve problems that have accumulated between both parties and in result will help
mend the relationship that was once broken, rather than in court where a winner and loser is decided
and one person is not satisfied, this can lead to even more disputes in the future. Mediation
encourages a mutual agreement so more disputes do not

Advantages And Disadvantages Of Commercial Mediation
Advantages and disadvantages of commercial mediation
Historically, dispute resolution methods have ranged from courtroom litigation, negotiation, and
even to physical combat. Most legal needs of ordinary people, multinational companies, and
countries have over the last decade changed. When confronted with disputes, people are learning
that whenever possible the most advantageous means of deciding the disputes is through reaching
practical and private agreements instead of contending for years and in the end spend enormous
quantities of cash in courtroom battles. Referable to the huge amount of money and time spent
during the visitation process, most business communities have in the recent past turned to the legal
alternatives that are more private, economical and prompt than the court. An alternative dispute
resolution (ADR) refers to a spectrum of legal avenues that utilize other means besides trial to
decide conflicts. There is a great deal of benefits regarding use of Alternative Dispute Resolution
(ADR) as a sound replacement for addressing civil disputes. In most lawsuits, courts prefer an ADR
proceeding as opposed to Litigation. Options of ADR in some countries need to be carefully
analyzed before any attempt is made to initiate Litigation proceedings. Most appeal courts along
with district courts oversee the negotiation of an ADR and in cases where the ADR fails to settle
well, the remaining disputes are solved by the courts. The Alternative Dispute Resolution is a

Pre Mediation Principles
Additionally, consistency is another principle of influence. People tend to gravitate towards
individuals who honor their commitments. People are also drawn to pre–existing values and
attitudes. People also prefer individuals who are physically attractive or those who have something
that is similar to them. The show then goes on to include African Americans in the cast so as to
appeal to the African American community who have something similar to the actors. Other groups
that the musical has related to are politicians, feminists, and attorneys. A mediator can apply the
consistency rule in mediation by educating the parties about their commitments in the mediation
process in a joint session. The mediator can establish the similarity between ... Show more content
on Helpwriting.net ...
The separate meetings allow the disputants to build trust with the mediator. There is an underlying
psychology in pre–mediation caucuses that facilitates the settlement of disputes. The individuals are
given space to express their frustrations without the fear of being judged. The mediator in pre–
mediation has to devote that space to listen to the disputants and understand the dispute without
jumping to settlements. Furthermore, these meetings make people feel respected as well as
supported by a professional who has dealt with many similar cases. Moreover, the pre–mediation
helps avoid face attacks that are common when two people with negative emotions towards each
other come face to face. In the playlist, Hamilton says, "In the Room Where It Happens." (Hamilton
Broadway, 2015) The quote explains the importance of parties holding mediation with a mediator.
The mediator gets a chance to cool down all the emotions before the disputants get together in one
joint meeting. According to Swaab, the pre–mediation caucuses are very helpful in shaping the
general tone of the mediation during the joint meetings. The disputants feel less inclined to display
their inner negative emotions as the mediators have already taught them how to deal with their
feelings without letting other people influence their inner feelings. When the parties are given time
separately by a mediator, they feel some social validation in regards to the claim and rejection. The
mediator gets a chance to open the meeting on a positive tone and, therefore, increases the
probability of parties' reciprocity or even paying attention to others concessions in a more positive
manner. When the disputants start on a positive note, they are more likely to make acceptable
agreements (Frankl, 2014). In contrast, if a mediator does not speak with each party separately in a
pre–mediation

The Mediation For Interstate Water Disputes
III. ANALYSIS
States should utilize mediation to resolve interstate water disputes. Mediation is a viable dispute
resolution process for water disputes because it can address states' underlying interests, and can fit
within the existing legal framework. Mediation is also an adaptable process, which states can adapt
to their needs and interests. Not only should states attempt to adopt this process, but courts and
special masters should also push states towards mediation as an alternative to litigation for dispute
resolution. This section proceeds in three parts. The first part discusses the advantages of mediation
as a dispute resolution process. The second part discusses how states should structure mediation for
interstate water ... Show more content on Helpwriting.net ...
1. Time Mediation will provide a quicker and more efficient process than litigation. Water disputes
can last for decades. For example, the Tri–State dispute began in the early 1980s, but continues to
this day. Water lawsuits, before the Supreme Court, also proceed slowly with years spent on
discovery and determining whether a violation of a compact has occurred. Mediation can resolve
disputes at a more reasonable pace. But, mediation can also be slow itself with one water mediation
lasting over six years with no progress. Therefore, it is crucial that both mediators and states focus
on creating deadlines for themselves and ensuring mediation proceeds without delay. In general,
mediation will produce faster outcomes for states.
2. Cost States will save significant taxpayers' dollars by choosing mediation over litigation. States
that have chosen to pursue mediation have cited the massive expenses involved in litigation as one
of their primary reasons for doing so. For example, in the Tri–State dispute, Georgia allocated over
twenty million dollars to fund its ongoing litigation with Florida and Alabama. Due to both the
process and the reduced time frame, mediation should serve to reduce costs for states. However,
mediation will also have associated costs. For example, costs for experts and data collection may be
significant. Nevertheless, mediation is likely to be less expensive compared to

Mediation And Race : Mediation
MEDIATION AND RACE 6 mediation or any other reason . Thus, a mediator should decline a
mediation if the mediator cannot conduct it n an impartial manner. Still, it is important to note that
as humans we all have certain unavoidable notions and we must leave them outside of this process.
There is also a need to create a "safe space" in the session. Though it may be good natured certain
"compliments" on language use can deteriorate relationships. For example, saying "You are so
articulate" to an African American can be taken very offensively. I can personally attest to this
situation. I have heard this almost as many times as I have been told that I "talk white". Statements
such as these can cause participants to feel judged and refrain from participating openly. "Ebonics"
or "black sounds" has been the phrase used to describe this pattern of language. Often used in a
derogatory way, this speech has deeper cultural significance. The ability of a people to hold on to its
indigenous roots is important to the psycho–social development of such a people. For the
descendants of the Africans brought to the Western hemisphere as slaves, Standard English is the
imposed language of racial oppression. Since blacks in America, in most cases, cannot retrace their
original tongue, they have a double edged sword with which to contend. Therefore, care must be
taken so as not to

Mediation Between Mediation And Arbitration
Mediation and Arbitration are both ways to fix a conflict, but in fact are very different. Mediation is
when two parties negotiate what they want from this conflict . A mediator is involved to make sure
the right steps are followed. This is unlike arbitration because in arbitration, each party presents their
information to an arbitrator who decides what will happen. Mediation is nonbinding where as
Arbitration is binding. In arbitration you are ordered to take it by an employer, by a judge or if you
are compelled by contract. Where in Mediation participation is not mandatory. The victim or the
offender can refuse to participate. Arbitration can take place anywhere although, it usually happens
in a board or conference room, as long as ... Show more content on Helpwriting.net ...
The mediation process has a high rate of satisfaction with 75%. Even those who do not reach a
conclusion are usually satisfied with the process. In mediation the solutions are usually more
creative because the parties know what will work for them and what will not. Since mediation does
not have to take place in the same room it can be used to solve large scale conflicts. Mediation was
used by the UN between Portugal and Indonesia.
Over the years, peacekeeping has drastically changed, because conflicts are changing. Canada
learned firsthand how conflict has changed when we tried to help Rwanda on a peacekeeping
mission that drastically failed. With the new liberal government, they have promised to take part in
more peacekeeping missions. To do so it is important that we look at these new theories that we
have discovered since our failures. Peacekeeping is used to put an immediate end to conflict and to
help the fighting parties rebuild. The peacekeepers take part in many roles such as destroying
surrendered weapons, training security and entrenching human rights. The first theory is the
peacekeeping umbrella, it is designed to depict graphically the larger inclusion of peacekeeping
activities. Such activities include monitoring, training and, aiding military and policing. The
peacekeeping

Mediation And The Mediation
2. Features of Mediation The nature of the mediation will be relevant to states, including
enforcement, confidentiality, and who should serve as a mediator. Parties can enforce mediation
through a couple different methods. First, parties currently in litigation can enforce mediation with a
stipulated settlement approved by the Supreme Court. For example, in the Republican River
mediation, the Supreme Court approved the mediated settlement between the parties, making it
binding law. Second, mediation can lead to a memorandum of understanding between the parties. In
the Lake Michigan mediation, the states agreed to a memorandum and agreed to seek enforcement
by the Supreme Court if needed. Finally, states can agree to a new ... Show more content on
Helpwriting.net ...
States, though, may need to balance their desire for confidentiality with the public's interest in the
water dispute, which is often significant. States also have had to tackle concerns about the media.
For example, in one mediation, the parties agreed to not criticize each other in the press during and
after the mediation to avoid concerns that the media would disrupt the process. Importantly, such
discussions lead to an early success in the mediation that allowed the parties to begin building their
relationship. Confidentiality provisions can help bring states to the table and encourage them to stay
committed to the process. A range of individuals and officials can serve as mediators in interstate
water disputes. First, states can employ professional mediators and have done so in the past. For
example, both the 1995 and 2003 Republican River mediation used professional mediators, trained
in water law. Officials from the federal government can also serve in a similar role. In the Tri–State
dispute, the states asked the secretary of interior to act as a mediator. Other officials can also play
the role of mediator. For example, in the Arkansas River mediation, the states appointed a former
attorney general of Montana as mediator because both states' attorneys general had a relationship
and history with him. Officials acting as mediators may be problematic because such officials

Texas Divorce Mediation
Keywords: divorce mediation in Texas, mediation in Houston, Texas, mediation in Texas, Texas
divorce mediator
When May Divorce Mediation be Scheduled in Texas?
Divorce mediation is a tool used by many Texas attorneys to facilitate settlement in their cases.
Texas divorce mediation encourages the parties to create their own agreement to finalize their
dispute. For example, the parties may decide how they wish to divide their property and how time
with their children will be divided. Divorce mediation allows the parties to remain in control of the
outcome of their case.
The timing of divorce mediation will vary from case to case. If mediation is scheduled late in the
case, the parties may be so frustrated and set in their ways that they will ... Show more content on
Helpwriting.net ...
The mediator does not make any decisions on any issue for the parties. Each party is free to accept
or reject any settlement proposal suggested by the other party or by the mediator. Therefore, if the
parties settle their case at mediation, they have kept the fate of the case in their control. In contrast, a
family court judge will decide each issue in the case for the parties. It is not unusual for the parties
to feel frustrated or confused after hearing the judge's order.
Mediation and family court trials are very different procedures. During mediation, the mediator
interacts with the parties and thoroughly discusses the various aspects of the case with them. The
parties are free to tell the mediator any information they feel is relevant, and the parties may also
request that certain information be kept confidential. In family court, however, evidence is presented
mostly in the form of witness testimony and tangible exhibits. The parties usually only answer
certain questions in court, and everything that is said becomes part of a public court

The Mediation For An Viable Mediation
I recently acted as a mediator in an assessable mediation role–play. Our group composed of two
members assuming the role of co–mediators and two others acting as disputing parties. The dispute
was between Clarrie Cocky ('Clarrie') and the Rural Community Bank ('the Bank') over the
settlement of Clarrie's debt with the Bank. Due to Clarrie's delay in his interest payments for the last
two years, the Bank had pressured Clarrie to either pay the full debt or his farm would be sold. Both
parties had voluntarily attended mediation to resolve the dispute.
Our group adopted a facilitative approach to this co–mediation. The National Alternative Dispute
Resolution Advisory Council ('NADRAC') described 'mediation' as a process where the disputing ...
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Secondly, mediator neutrality is to support the parties actively and consensually reaching a
resolution to ensure effective facilitative mediation.
II. RELATING
Prior to learning about mediation, I had little exposure to facilitative mediation. This was evident in
the way I often sought to determine a resolution I deemed just, objective, and fair for loved ones in a
disagreement, rather than encouraging them to independently arrive at an agreement. I was more
invested in jumping to a conclusion than finding out how a disagreement came to existence, any
underlying issues associated with its creation, and whether there was a balance of power between
disputants.
My experience at work as a paralegal and as a law student for the last year has also mirrored my
former approach to personal arguments. As law students and lawyers tend to be evaluative,
determinative and solution–focused, it was challenging for me to shift my problem–solving mindset
from solution–focused to parties–concerned. Notwithstanding this limitation, my practical
experience before the role–play assessment has provided me with the skills to research and gather
evidence, to communicate effectively, and to stay calm during stressful time.
The VIA Survey of Character Strengths described my top signature strengths as Honesty and
Fairness. I believed that I have well demonstrated these aspects of my personality immediately
before the assessable

Mediation Vs Arbitration
There are alternative way of resolving disputes out of the court trials, there are two main methods of
alternative dispute resolution mediation and arbitration. These methods can we use to settle things
out of court like beech of contract, workers compensation even divorces. They don't want to go to
court because its expensive and its made public.
A mediator is an impartial third party who assistant the opposite parties in obligating a resolution
outside of court. A mediator works to find points of agreement in a conflict. The mediator will meet
with separate to hear out each side and point out their weakness of each parties case to help them
think of a compromise. The mediator will assist in negations, for example if Patty and David were
married and they were getting a divorce and they needed to divided up the assets. If you let your
spouse take the expensive stereo system that she spent so much time assembling, she may be more
likely to agree that you can have the computer you have been sharing. A meteor cant force parties to
resolve their issues and cant decide to who wins the case. The mediator will talk to them as a group
and separate. If the party comes to an agreement then ... Show more content on Helpwriting.net ...
They both are neutral and not biased since there is a third party involved. Each cases are both
examine the case purely on the base on the merriest and pass on decisions. Since both ways are done
outside of court they are both confidential. Since they are both handled out of court they are more
are cost–effective ways of resolving the disputes between the opposing sides as compared with the
litigation proceedings. Mediation and arbitration saves time since they are faster than litigation
processes. They usually last a few days. They both have a third party existence to settle a dispute
between the two. The final result of mediation and arbitration may become legally enforceable

Mediation Between Mediation And Arbitration
Conflict Resolution Exam Mediation and Arbitration are both ways to fix a conflict but in fact are
very different. Mediation is when two parties negotiate what they want from this conflict. A
mediator is involved to make sure the right steps are followed. This is unlike arbitration because in
arbitration each party presents there information to an arbitrator who decides what will happen.
Mediation is nonbinding where as Arbitration is binding. In arbitration you are ordered to take it by
an employer, by a judge or if you're compelled by contract. Where in Mediation participation is not
mandatory. The victim or the offender can refuse to participate. Arbitration can take place anywhere
although, it usually happens in a board or ... Show more content on Helpwriting.net ...
Over the years peacekeeping has drastically changed, because conflicts are changing. Canada
learned firsthand how conflict has changed when we tried to help Rwanda on a peace keeping
mission that drastically failed. With the new liberal government, they have promised to take part in
more peacekeeping missions. To do so it is important that we look at these new theories that we
have discovered since our great failures. Peacekeeping is used to put an immediate end to conflict
and to help the parties fighting rebuild. The peacekeepers take part in many roles such as destroying
surrendered weapons, training security and entrenching human rights. The first theory is the
peacekeeping umbrella, it is designed to depict graphically the larger inclusion of peacekeeping
activities. Such activities include monitoring, training and aiding military and policing. The
peacekeeping umbrella focuses on economics, political dependency and interpersonal reconciliation.
The peacekeeping umbrella is important because it focuses on peacebuilding to help the futures of
the parties. The next theory is the UN House, it was established in 1997 to fix the problems in prior
peacekeeping missions as stated by former UN official UNPROFOR "Inability to adapt to the
rapidly changing environment in which military and civilian personale have to operate will reduce
chances of success in the mission and increase exposure to risk and casualties." The UN house is a

Mediation Between Mediation And Mediation Essay
Mediation refers to a form of alternative dispute resolution (ADR) in which the parties in a dispute
meet with a neutral third–party in an effort to settle a case or reach an agreement over a dispute. The
parties must recognize that the mediator is neutral and not on either parties side. The mediator
attempts to help each party understand the other parties claim or concern and come to mutual
agreement amongst themselves. The mediator is not the ultimate decision maker; it is the parties that
must agree. There are numerous types of mediation which include; evaluative mediation, facilitative
mediation, and transformative mediation. In evaluative mediation the mediator helps the parties to
resolve a dispute by making a neutral evaluation of the merits of the case. The mediator has subject
area expertise and the main goal is settlement. In facilitative mediation the mediator focuses on
facilitating effective negotiation between the disputants with the goal of helping them reach their
own agreement. The mediator is the process expert and the main goal is meeting each party 's
legitimate interests through collaborative problem solving. In transformative mediation the mediator
focuses on healing the relationship between the parties rather than simply settling their dispute. The
mediator supports the parties in their efforts to reach understanding and the parties are in control of
the process. The main goal is empowerment of the parties along with their recognition of

Court Sponsored Mediation
Number 2, 3, and 4 on page 177
2. Like negotiation the process of private mediation has many of advantages as a dispute resolution
process. The private mediation process requires both parties to be willing to accept the process as a
possible resolution method. This course of action is highly beneficial for issues that may be resolved
in litigation due the fact that it's a lot less costly. However, it does have some costs involved such as,
possible attorney fees and mediator costs. In the process of mediation, both parties have the option
to either accept the offer or decline it if they feel that it is not in their best interest. The process also
is considered informal, but it is more formal that negotiation, due the fact that mediator controls the
process and directs the discussion.
3. The private mediation process is popular in the United States due to the fact that it is a fair way
for parties to communicate and attempt to resolve issues without taking further legal action. In the
United States, there are many ... Show more content on Helpwriting.net ...
Like the private mediation process, a court sponsored mediation process is a cost effective solution
to a dispute. A judge of the case can appoint a court–sponsored meditation, which gives both parties
the opportunity to discuss the case and come to a possible solution without having to take further
legal action. If the case is resolved during the mediation, both parties will save money in attorney
fees and litigation costs. Unlike private mediation, court sponsored mediation is controlled by the
court system. The court will schedule the time and place for the mediation and select the mediator.
However, the outcome of mediation will be up to all parties involved. If one party feels that their
interests are not being considered, they do not have to accept the terms of the solution. Also, If both
parties can come to a mutual agreement and settle in mediation, they will be more likely to have
future cooperation, than if they when to

Examples Of Conflict And Mediation
Conflict and Mediation – An Introduction
We live during a time where conflict arises every day between people all over the world. What is of
interest is not what the conflict is about but rather, the way people handle the conflict. Mediation is
one of a number of alternative dispute resolution ("ADR") mechanisms used to solve conflicts
arising between individuals. Mediation is a process whereby a neutral third party, the mediator,
guides the negotiation process in order to enable the parties to communicate and to voluntarily work
towards finding a resolution to their dispute in a sustainable manner.
Directive 2008/52/EC on certain Aspects of Mediation in Civil and Commercial Matters ("the
Directive") provided a new momentum in Europe by ... Show more content on Helpwriting.net ...
A non–registered mediator is generally not subject to confidentiality or exemptions from the duty to
give evidence in court. Lawyers or other professionals, who act as mediators but are not registered,
would still be subject to the duty of confidentiality. The parties do not have a duty of confidentiality
but may contract an agreement thereof.
In line with article 7 of the Directive, in Austria, registered mediators may not be compelled to give
evidence in civil and commercial judicial proceedings or arbitration, regarding information arising
out of or in connection with a mediation process . However exceptions to the confidentiality
principle include instances where it is necessary for overriding considerations of public policy and
where the disclosure of the content of the mediation agreement is necessary in order to implement or
enforce that agreement . The testimony given by registered mediators in breach of this duty would
be considered inadmissible. Unlike non–registered mediators, registered mediators may refuse to
testify in criminal

Advanced Mediation Essay
Advanced mediation is an advanced form of mediation which is a highly interactive discourse that
turns far beyond introductory teachings and normal simulations to figure out the deep mediation task
of the highly skillful and experienced trainers. The advance mediators are well–skilled with basic
mediation training and have substantial experiences. Advanced mediation always focuses on four
different aspects to mediate the conflicts such as leading advocates and mediators, to overview
effective skills and techniques to achieve better results from the clients, enthusiastically participate
in discussions with lectures and simulation and obtain new practical development skills and
knowledge. Advance mediation teaches to review the ... Show more content on Helpwriting.net ...
Currently, the trends of mediation in open society becoming highly popular and demanded as well.
Mediation is a fast track to reach the agreement between the conflict parties.
Thus, it is contextual to mention few advantages of mediation in conflict resolution such as; a) the
results of mediation are private, it does not harm any public opinion b) it is very faster process
which saves all parties both time and money c) it supplies a forum for testing legal hypothesis to
support the enhancements of the arguments d) those involved in the conflict keep control of the
resolution since all parties should consent to any resolution
e) if the parties in disagreements, (not the mediator), have the last chance to say reaching the
decision and f) if no agreement reached, both disputing parties may walk away but any resolution
agreement by the disputant parties to a conflict will be binding on them ( W. Moore, 2003).
Strategy for Effective Mediation:
During the mediation, the mediator has to face a common question is that how need to do this
mediation to be a success. Preparing for mediation, the mediator has to use some effective strategy
or approaches that would be a great

Mediation : A Good Point
opportunity at home to talk to their parents about any problems they are going through at school
such as drugs or being bully. The child can feel safe and get the needed help to stop these conflicts
from getting worst while strengthen their relationships with their parents. Another good point
brought up about third party mediation is that this mediation does not seek to apportion blame but
rather seeks an outcome of compromise and collaboration (Maley, 1995).
Narrative mediation is another type of mediation which can be used to resolve conflict by giving the
opportunity to hear the story from the perspective of the other individual, and in the process finds
out that the other person does not want to be in conflict either, and prefers that the conflict is
resolved (Billikopf–Encina, 2002). This type of mediation is very helpful to show that everyone that
is involved with the conflict is being affected and gives the opportunity for each party to hear how it
is affecting the other individual in a negative way. One situation this mediation can come in handy is
using it at home with parents to help them listen to each other when a miscommunicating happens
such as situation with cheating. When the thought of cheating occurs, each side blame each other for
what happen but if they stop and listen to each other side they can see that nothing happen but was
just the fault of hearing the wrong thing.
Also, this approach can help each party to detach themselves from the conflict

Mediation In Family Court
Mediation is a different process to reach a resolution for parties that find themselves in a family
court matter. Mediation is a part of the process ran by the courts by individuals that are unbiased and
yet knowledgably about family law matters and the law. The courts want couples to give mediation a
try before taking the matter before the judge in case some issues can be worked out beforehand.
Attorneys are not included in this process. What happens in mediation is all parties will work on the
issues at hand as peaceful as possible and in a manner to hopefully reach amicable outcomes, with a
third party to help oversee this process and help negotiate their issues. These issues that can be heard
in mediation are many and can be a wide variety of needs from the parties. These issues can be
negotiation of assets, debts, child and spousal support, and visitation and custody matters of any
children involved in the case. ... Show more content on Helpwriting.net ...
The courts do not want to get involved in matters unless they absolutely have to. Courts require this
to give the options to reach these agreements before going to trial because sometimes the parties will
walk away with not so great results as if they arranged it themselves. Only these parties know what
is best for their kids. The courts would have to make a decision right away on these issues and
sometimes a party may not have the desired outcome they were looking for, if a court has to
determine the

ADA Mediation Program
Affecting Department of Justice's Americans with Disabilities Act (ADA) Mediation Program
generally intention ADA dissatisfaction, granting individuals like the person who filed the
accusation and the business or confined governance entitled in the complaint to decide cooperatively
come to terms about solving the issues that adhere to the ADA. In this week discussion I decided to
talk about "ADA Mediation Program" that has not been covered by another classmate. I learned the
Congress decided to represent the ADA. Throughout time there has been a lot of accusation through
mediation. This program has mediated more than 4,000 complaints domestic with an outcome of
78% of them ending with a successful decision. Utilizing efficient ADA–trained

Mediation And Private Speech
happens through mediation, external or internal, explicit or implicit, through social interaction with
other or through private speech.
2.3.3.1 Mediation through social interaction
Verbal interaction is the first and foremost means of mediation. It is self–evidently a social
phenomenon whether used for communicating with others or in private speech. Learning, which is a
mental process and consequently related to thought which is itself mediated by language, is believed
to be social in SCT. That is to say that, because learning happens through language, which is social
per se, it is considered a social phenomenon. Artigal (1992) went so far as say that the language
acquisition device (LAD) is located in the interaction rather than in the heads ... Show more content
on Helpwriting.net ...
Private speech is the intrapersonal aspect of mediation through which one can guide him or herself
through a task and gain control over the activity at hand. Ohta (2001) refers to private speech as
"audible speech not adapted to an addressee" (p. 16, cited in Ellis, 2008, p. 529). It is very common
amongst young children, but even adults sometimes make use of private speech when dealing with
difficult situations. What may be of high importance here is how learners use their private speech
when learning a new language. Since it is not intended for any listener, it may not follow the rules
governing the language used for interpersonal usage. Learners may even switch to their L1 in their
private speech. The question arises that is it any good for language learning, especially second or
foreign language learning? To answer this question Ellis (2008) building upon a study carried out by
Lantolf (2006) suggests that "in considering the role of private speech in L2 acquisition it is
necessary to distinguish its use for the purpose of practicing/learning the L2 and for the purpose of
self–regulating mental activity" (p.

Mediation And Arbitration : Mediation
Mediation and Arbitration There is possibly no person walking on this Earth who have not
experience some sort of conflict at some point in their lives. Even as children when we would get
into it with our friend or another kid. Whether it was in your business or personal life, we have all
been in some sort of conflict in one way or another, and some of the time these conflicts can be too
much to handle for both individuals. So to have the situation resolved amicably they would bring in
a third party so that it could be hashed out fairly. Most of the time arbitration is used and in others
find that mediation is suits well with the help they need. The paper will define the function, role, and
effectiveness of mediation and arbitration. ... Show more content on Helpwriting.net ...
Mediation has been known to be successful in many types of conflict both personal and
professional. I have even seen it used on the reality show Teen Mom and it was used for a young
couple who could not decide visitation for their son. I have known it also to be famously used in
divorce proceedings when couples cannot decide on the separation of assets or financial properties.
According to Abigail & Cahn, "Mediation has a high success rate. It is estimated that "once the
disputants have agreed to mediate, at least 80% of the time they are able to work out an agreement
that is acceptable to both of them" (Abigail & Cahn, p. 196, num. 3). I have even seen social
mediators online, and these are individuals who both parties know and trust to come in and help
with the resolution process. They are seen as fair because they listen to both sides equally, but they
may or may not be neutral on the situation, and sometimes the two parties would put this person in
control of the mediation because they would look at both sides instead of favoring one party over
another. I have especially seen this in chats rooms where the person would have mediators to assist
with people who may start arguing in the room or saying obscene things to other chatters or even the
person that is running the room. Arbitration "is a dispute resolution process in which the

Disadvantages Of Mediation
Mutuality: In mediation, parties not only come voluntarily to sit for the solution they work mutually
to reach to the solution. The difference between other negotiation processes and mediation is its
mutual and instead of working against each other they work toward a common goal. For example,
take an organization and its people. They work as a team to come to an agreeable solution which is
mutually beneficial both for the people and the organization. Similar approach is taken here. Two or
more parties work together for achieving a common goal and not against each other.
Support: In mediation, you get direct support from the mediator. S/he is appointed directly to
facilitate. And with his/her professional skills, techniques and tactics ... Show more content on
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At this part the best alternative is found and agreed upon and then then an official agreement is
signed.
Uses of mediation
Mediation can be used in all facets of negotiations. In this last section, we will discuss about the
types and uses of mediation and where it can be used.
Business to Business: It's a common theme of most of the negotiation and each party chooses
mediation process over any other negotiation techniques as they have more control in mediation.
Business to Customers: If customers are not satisfied with the dealings of the business or the vice
versa then they opt for mediation.
Business to Employees: Always all organizations don't think about well–being of employees or vice
versa. Then there is only one option is left and that is to go for mediation.
Personal affairs: Even in all personal affairs where agreement needs to be mutual, mediation is
chosen as a way to deal with the differences between parties.
This is a comprehensive guide on mediation. If you read this well, the fundamentals of mediation
would be clear. But the best way to understand mediation is always to be part of it. If you get an
opportunity use this process and you would get to know how mediation

The Failure Of Mediation In Darfur
Introduction
At the time of writing, the Syrian conflict has raged on for nearly half a decade, while that in Darfur
for well over a decade. In both instances, some of the international community's most experienced
mediators attempted to halt the fighting. None, however, were able to bring more than a few days of
respite to these violent conflicts.
Since the end of World War II, mediation has grown as a form of conflict management tool. As
mediation gained prominence and primacy in international relations as a method for war
termination, wars are more often decided in a meeting room than on the battlefield. In fact, since the
end of the Cold War, the trend in war termination has almost reversed as the number mediated
settlements ... Show more content on Helpwriting.net ...
With every failed ceasefire, conflicts, like those in Darfur and Syria, become more complex,
entrenched and widespread; conflict actors multiply, grievances become further aggravated, more
territory is engulfed in violence and the means of aggression become more brutal. The failure of a
ceasefire sets a peace process back tremendously and often gives rise to further bloodshed.
Successive failures, particularly in situations of acute power imbalances and deeply held perceptions
of injustice, often contribute to a conflict becoming protracted and intractable, making it almost
impossible to mediate. There is a growing urgency therefore to understand how to more effectively
mediate durable ceasefires more effectively.
The challenge of reaching a ceasefire, in large part, stems from the nature of the armed conflict
itself. Most conflicts today take place within the borders of states and are fought between state
actors and armed groups. Intra–state conflicts are particularly challenging to mediate as the obvious
asymmetry in favour of the state often precludes its officials from accepting any mediation. State
actors are usually well organised, have the full force of the state's security apparatus at their disposal
and enjoy legitimacy in eyes of the international community. In contrast, armed groups, at least
initially, are a band of civilians: untrained in warfare; incoherent in philosophy; disjointed in
structure; and unsupported

The Mediation Of Divorce Cases
Mediation in divorce cases
The court system is an unpleasant means of dispute resolution when it comes to divorce cases given
the fact that children and property are usually involved. The stressful nature of the court is often
traumatising for the parties involved. So, why bother go to court about who keeps the children or
who gets the properties when this could easily be resolved with private mediation.
This essay therefore focuses on the ways in which disputes in the family such as divorce cases can
be resolved through the means of mediation, which is a type of alternative dispute resolution –
resolving disputes without going to the court. The first section of this essay would give a brief
overview of divorce.The second section would give detailed information of how mediation is used
in divorce cases; focusing on its advantages and some disadvantages in terms of cost,
communication, time and privacy. To conclude the essay, a brief summary of the topic would be
given. Also included would be personal view points and opinions as to why mediation method
should be applied in resolving divorce cases.
A divorce is legally removing oneself from a marriage. Mediation is allowing a third party other
than the parties in dispute to help resolve the dispute in question. In the early days, 'getting married
was not an easy process and getting out of one was even more difficult. Not until about 15 (fifteen)
decades ago getting a divorce required an Act Parliament meaning divorce

My Mediation Paper
Conflict is a part of life. A majority of conflicts throughout the day are small and easily solved,
others can be more serious and require a sit–down conversation, and if that does not work mediation
may be the best option. According to Spiroska (2014), "mediation is a voluntary, flexible and
informal process in which a neutral third party...facilitates a discussion" (p. 84). Mediation uses
another person to help the parties solve a problem. There is evidence that third parties help resolve
conflict (Eaton & Sanders, 2012). My mediation process was overall and interesting experience that
helped me understand the process of intervening and overcoming obstacles.
My experience during the mediation had a lot of variation; there were moments of interest ... Show
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The mediation process involves five stages; entry, diagnosis, negotiation, agreements, and follow–
up (Hocker & Wilmont, 2014). During the first stage, I explained the consequences of not resolving
the issue and one party claimed that they "wouldn't care" and "was probably better off anyway".
These statements made it hard to move forward. However, I explained that there would be no
dispute if the party truly did not care. Then, I asked what benefits would come from without
involvement from the other individual. The individual soon stopped being critical of the process.
The next stage is diagnosing the problem. The main problem during this stage was identifying the
relational and identity goals. Based on research by Spiroska (2014) "conflict occurs when people
pursue goals that clash or are incompatible" (p. 86). Therefore, identifying these goals are important.
The more the individuals discussed the easier it became to detect subtler goals and ignore the
overwhelming topic goal. Eventually, I determined that the relational goal was trust being broken
and the identity goals were face– saving based. The refurbisher did not want to look incompetent or
irresponsible. During the negotiation stage, I found it personally difficult to avoid choosing sides.
One member made some exceptional points. However, when I stepped into each person's
perspective, it created an equal ground for me to mediate. The agreement stage seemed to be the
easiest

Mediation In Conflict Resolution
Introduction
Mediation is one of the many ways of conflict resolution. In order to use mediation efficiently, there
are principles and techniques of mediation that should be used in order to settle a dispute. Opposing
lawyers and their clients, for example, can choose to apply some techniques and principles of
mediation to solve a problem without using a mediator.
Principle that enabled discussion between the two parties
For two parties to discuss and reach for a solution, there must be principles that should be followed.
Selig (2002) suggests that for this to work effectively the parties involved have to use the principle
of cooperation. The two parties involved and their lawyers have to model and adopt a good style of
handling one another. In such cases, they may not be able to settle the disputes for one party to win
over the other but they will resolve it in terms that benefit each party. Therefore cooperation may
help achieve an equivalent function of mediation without using a mediator. Additionally, they will
be able to overcome impasses and reach for a solution. In the case of Shawnees and Manasse, they
were faced with the impasse of cost sharing which they could not resolve. Subsequently, cooperation
can help reach a lasting solution.
Points ... Show more content on Helpwriting.net ...
Secondly, they should be willing to share information which they can use to enhance a problem–
solving spirit thus making it easier for them to generate new ideas and get a solution (Carello, 2009).
Thirdly, they should communicate effectively and easily with each other. Working together will help
maintain clear communication, recognize interests of each other, share relevant facts and also
identify and negotiate tradeoffs. Moreover, undisclosed issues by either party should not be allowed
to hinder

Mediation Arbitration Cases
An explanation of this may be due to the
fact that " mediation–arbitration allows the individuals the opportunity to settle their dispute,
while still providing an opportunity for an arbitrator to issue a final and binding award in the
event that the parties cannot reach an agreed settlement" (Cohen, C.E., & Cohen, M.E., 2002).
It is also suggested that the preference for mediation–arbitration was due to the level in
confidence, as it was done towards the end of the course. Cohen and Cohen conclude: "In
summary, the relationship between control of the process and the outcome and the
satisfaction of the student subjects was significant. This suggests that actual users might reach
the same conclusion. If that is so, to the extent ... Show more content on Helpwriting.net ...
These benefits may be better measured against alternative processes that
provide for closure, such as litigation" (2002). The evidence of the results can be used as a
framework for new ADR designs.
The number of companies that are requiring that employees with grievances to pursue
alternative dispute resolution are growing, in which these cases the differences are quickly
hashed out by an arbitration board instead of through a lawsuit. Robert Meade who is the
senior vice president of the American Arbitration Association, a New York–based nonprofit
group that coordinates arbitration cases, announced in 2002 changes to its rules to provide
additional safeguards for employees involved in the arbitration process. Robert E. Meade said

"Several recent state and federal court decisions as well as a U.S. Supreme Court decision,
Circuit City Stores, Inc. v. Saint Clair Adams , have examined due process and equity in the
employment area. In an ongoing commitment to fairness in our employment arbitration cases,
the AAA will modify its rules to reflect these case law developments, "The primary changes
require the employer to deposit the full amount of the anticipated compensation for

Peer Mediation
In our everyday lives we run into many problems that are hard to fix. These problems come at any
age, but the quicker they are handled, the easier they are to fix. Sometimes children can't come to
their parents about problems because they are afraid of the consequences of their actions, so they
just try and handle problems on their own. This is where more problems arise. Most kids don't talk
to each other about their situations because they are either afraid to, or they don't have someone they
can trust. Peer mediation is a program designed especially for this area of concern. This new
endeavor was introduced to me through the public school system. Peer mediation is a problem–
solving process that is helpful for kids of all ages (Farifax). ... Show more content on
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"Well I think that all of those suggestions seem reasonable. So what I'm hearing is that you both just
want to set your differences aside and try and get along. Remember, when you leave here you don't
have to be friends, your just setting aside your differences. So guys, can the two of you agree to try
and get along? I don't think that either of you are asking too much from each other. "Yea, I guess I
can do that," said Sherman. "And Jimmy, what about you," I questioned. "Alright, I can do that." he
replied. "Well good. I'm glad the two of you have set aside your differences and come to an
agreement to try and get along. Congratulations on a successful mediation and we will contact you
guys with a follow–up survey in a week," I said. I was actually scared to give the mediation when I
first heard that Sherman and Jimmy were the students attending the session. They were a lot bigger
than me and could crush me with a single hand. To my amazement, Sherman and Jimmy remained
good friends from that day on. That mediation showed how this program is helpful for everyone.
Trust me, if those two guys can agree to solve their differences, then anyone can. Peer Mediation, or
a similar program should be implemented at every level of education. I believe, learning to
communicate and solve a problem, whether with an individual or a group, is basic to living a good
life. No matter where you go or what you

Conflict and Mediation Process
Conflict and mediation process
Whenever conflicts surface in Africa, the first thing that the concerned parties go for is the fastest
way of solving the conflict before it grows to uncontrollable proportions. This is when conflict
resolution mechanisms are required. In the African context, most conflicts are fueled by rush for
scarce resources between individuals and mostly between communities within one nation. The
conflicts in Africa are rarely experienced between one nation and the other. The conflicts also arise
out of rush for power and positions in government. This is predominantly due to the fact that such
leadership positions come with strapping of authority and access to resources that are within the
country.
Negotiation culture
The very initial actions and steps in pursuing peace in a mediation process within Africa are the
mediator identifying the cause of the conflict and who the parties in the conflict are. This gives him
the clue of the points of tension and the character of the people involved hence able to craft out a
way of getting engaged in the mediation process. The mediator and his team then prepare the parties
to know what the other group considers norms so as to understand and never clash with them. There
is a threefold manner by which this understanding can be brought about, and it is by understanding
the Facts, Attitudes and Behavior of the other party. The facts are indelible or unchangeable truths
like origin, demography, historical

Mediation Resourses
The past few weeks in class we have observed various mediation scenarios and how mediators are
supposed to handle the disputes. Before the practice sessions, we had to record an opening statement
that we would say before starting our meeting, and after practicing the opening comment,
personally, I realized that mediation is something that I could do in the future. I received the
opportunity of being a mediator in the dry–cleaning dispute; we had in class on last Wednesday.
Likewise, while reading the background information about the problem, the feeling of nervousness
waved over myself before the course just as I was worried about how efficient I would do with my
role. However, even though it was in front of my peers, the feeling of nervousness ... Show more
content on Helpwriting.net ...
First, the discussions have taught me how to become patient with the process of mediating,
especially when trying to get those involved to expand on the information as well. Also, I have
learned that not every mediator is going to have the same process for their session as mine.
However, whatever approach I use in my courses might be the best choice I am comfortable with as
a mediator. The role play session that involved Chris and I believe his name was Austin, in my
opinion, made the mediation session extremely real only because of their emotional mindset and the
way they portrayed the dispute. Whenever the mediation sessions are emotionally burdensome, I
want to try to elevate that problem, by allowing the parties to have a moment to themselves and
regain

Mediation And High Conflict Mediation
Crucial mediation attributes, such as strategy and experience influence the nature of a mediation
outcome. However, is correctly employing these strategies and standards enough to successfully
mediate high conflict couples?
Defining Mediation and High Conflict Mediation:
Mediation "provides a personalized approach to dispute resolution in which spouses have an
opportunity to learn about each other's needs" (Folberg, Milne, and Salem, pg. 8). It is a process in
which the "participants formulate their own agreements and emotionally invest in its success"
(Folberg, Milne, and Salem, pg. 8). High conflict is an umbrella term which many differing couples
may fall under. High conflict couples are any couple who suffers from an intense conflict. In any
type of high conflict mediation, it is the mediator's job to set boundaries and help maintain those
boundaries in an attempt to protect the parties mediating and including the couple's possible
children. Within that umbrella term is that of domestic violence. This term includes marriages or
relationships in which emotional or physical violence is present. In the case of high conflict
relationships where domestic violence is present, the mediator will determine whether the mediation
is safe enough to take place. If the mediator deems the mediation, both safe and beneficial to the
parties, safeguards will be put in place by the mediator to ensure the safety of all parties.
A "Fair" Agreement Defined:
High conflict couples

Questions On The Mediation Resolution
Reporting and Responding
My first assessable item of Dispute Resolution was to conduct a mock facilitative mediation role–
play. Mediation is as a self–determinative and typically voluntary process which encourages
disputing parties to negotiate, with the support of a mediator, based upon conflicting interests. The
ultimate function of mediation is to gain a mutually agreeable outcome. Facilitative, as opposed to
advisory, or evaluative, mediation is a self–determinative dispute resolution process which
encourages involvement.
In a practice role–play of this model, which was carried out one week prior to the assessment due
date, the composition of groups were assigned. My group consisted of two mediators, James
Musgrave and Jake Lengui, and two parties which were allocated to Lauren Bicknell and myself.
The scenario was uniform for all groups in my tutorial, revolving around a conflict of interest
between Sam and Pat. Sam, who was a violinist with the Queensland Symphony Orchestra, and Pat,
who had a full–time job as a writer, were neighbours who rented an apartment – a conflict
subsequently developed over noise. Both parties in this scenario require uninterrupted work on their
respective jobs, with Pat working against the clock to finish his latest manuscript and Sam practicing
for an important upcoming concert. Lauren and I agreed that I was to play the role of Sam, and she
was to play the role of Pat.
Following the opening statements of the mediators', I had to

Assignment Questions On The Mediation
Worksheet 3
Assignment Questions:
1. Present an example of how you established a rapport with the disputants so that they would trust
you as their mediator (especially so that they would trust you during the caucus, if you had to
caucus). (10 points)
I greeted the disputants with a handshake and a friendly demeanor to establish a positive and
trustworthy rapport. I therefore proceeded to lay out the purpose, agenda, and guidelines on how the
mediation would be discussed, using a neutral tone. I felt that that both parties understood my intent
to facilitate a positive outcome. We did not have or needed to initiate a caucus at any point during
the discussion.
2. Provide an example of how you rekeyed neutral throughout the mediation. Or, if you did not
remain neutral throughout the mediation, then how do you suppose that impacted your disputants?
(15 points) I found myself, several times, wanting to solve the issue for the disputants. Both parties
had valid issues, but I wanted to side more with the employee. I refrained from doing this by,
recalling that my duty existed to assist them in formulating a solution on their own. I remained
neutral by using open–ended questions that persuaded them to appreciate each other's perception.
This ultimately led to a positive outcome for both parties.
3. As the mediator, how did you work to calm negative emotions that arose during the mediation? If
no negative emotions arose during the mediation, then how had you prepared to handle

Essay Effective Mediation

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