Preview

Mediation and Conflict Resolution Dulce

Powerful Essays
Open Document
Open Document
1886 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Mediation and Conflict Resolution Dulce
Gabryel Bell
MGMT 568 Conflict Resolution
Dulce Pena
October 15, 2012
Mediation
In a world of constant conflict, there are needs for a concrete method of coming to an agreement. When people find it increasingly difficult to see eye to eye and where intractability has no limits, as a people, we must understand that to progress, to mature, and most importantly to have our needs met, it is important that our issues be resolved within a constructive context. Although there have been many options developed, none have shown such a significant transformational process, or shown a higher rate of success, than the form of resolution that Mediation creates. Mediation always had a place within many cultures even before the term itself had been determined. The most influential component of Mediation is that no matter the scope of the issue at hand, Mediation has been proven to be more than capable to conquer the most inflexible situations, thereby leading to sometimes unforeseeable positive results. To begin, we must first understand the premise. Mediation is “the intervention in a standard negotiation or conflict of an acceptable third party who has limited or no authoritative decision-making power but who assists the involved parties in voluntarily reaching a mutually acceptable settlement of issues in dispute." (Osemeka). It is also important to understand that mediation is a resolution technique, a tool that can be used to administer the outcome of an issue. Consequently, because mediation can be viewed as a tool, we can then begin to discuss how the process developed from its practice. The process and specific structural practice of mediation varies from one mediator to the next and varies between situations. This perhaps is mainly due to the design of the situation and whether the parties involved require a formal or informal handling. However, there are definitely some common themes within each structure that can be addressed. The process can be shown using



Cited: Kane, Sally. "Mediator Career Profile - Description of Mediator Careers." Legal Careers - A Guide to Legal Careers and Law Enforcement Careers. N.p., n.d. Web. 16 Oct. 2012. <http://legalcareers.about.com/od/careerprofiles/p/Mediators.htm>. Mayer, Bernard S.. The dynamics of conflict resolution: a practitioner 's guide. San Francisco: Jossey-Bass Publishers, 2000. Print. "Mediation Channel | Talking about mediation, negotiation, conflict resolution, and law." Mediation Channel | Talking about mediation, negotiation, conflict resolution, and law. N.p., n.d. Web. 16 Oct. 2012. <http://mediationchannel.com>. Model standards of conduct for mediators. Washington, D.C.?: American Bar Association], 1995. Print. "Official Site of the U.S. Air Force - Home." Official Site of the U.S. Air Force - Home. N.p., n.d. Web. 16 Oct. 2012. <http://www.af.mil/>. "Osemeka Anthony." Osemeka Anthony. N.p., n.d. Web. 16 Oct. 2012. <http://osemekaanthony.blogspot.com/>. Pollack, Guest Blogger Michael. "Mediate.com - US and World Leading Mediation Web Site - Find Mediators." Mediate.com - US and World Leading Mediation Web Site - Find Mediators. N.p., n.d. Web. 16 Oct. 2012. <http://mediate.com>. MLA formatting by BibMe.org.

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Psy/201 Week 2 Assignment

    • 625 Words
    • 3 Pages

    | This site is the official site of Mediation Society of America. They have mediation techniques for every level (beginning to expert) and from all over the world. According to the site, mediation can turn you into a happy, caring, loving, compassionate, good citizen.…

    • 625 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Mediation is also an informal alternative to litigation. Mediators are individuals trained in negotiations, who bring opposing parties together and attempt to work out a settlement or agreement that both parties accept or reject. Mediation is used for a wide gamut of case-types ranging from juvenile felonies to federal government negotiations with Native American Indian tribes. Mediation has also become a significant method for resolving disputes between investors and their stock brokers.…

    • 467 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Hbd6771 Ex4

    • 464 Words
    • 2 Pages

    Mediation is a voluntary collaborative process where individuals who have a conflict with one another identify issues, develop options, consider alternatives, and develop a consensual agreement. Trained mediators facilitate open communication to resolve differences in a non-adversarial, confidential manner. Mediation is a means to resolve disputes without resorting to litigation or other adversarial…

    • 464 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Mediation is defined as an informal, non-binding process where a neutral party helps two other parties’ cone to a mutual resolution where sometimes these conflicts seem impossible to reach when it is left to only both parties (Masucci, 2003).…

    • 359 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Cited: Mayer, B. (2000). The Dynamics of Conflict Resolution: A Practitioner 's Guide. San Francisco, CA, USA: Jossey-Bass.…

    • 1526 Words
    • 7 Pages
    Good Essays
  • Satisfactory Essays

    Mediation is a form of negotiation in which a neutral third party assists the disputing parties in reaching a settlement of their dispute. The neutral third party is called a mediator (Cheesman, 2010). Within a team environment the mediator would be the team members not involved in the dispute. If an agreement cannot be reached during the mediation process, then the arbitration method will be used. In arbitration, the parties choose an impartial third party to hear and decide the dispute. This neutral party is called the…

    • 428 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Litigation vs. Mediation

    • 655 Words
    • 3 Pages

    Mediation – A third person inserted to settle a dispute which commonly occurs in union situations where the parties will continue to deal with one another.…

    • 655 Words
    • 3 Pages
    Good Essays
  • Better Essays

    The case involves a conflict with managers of a major producer of office furniture -Seatcor. Acting as the senior vice president of operations and chief operating officer, Team A must provide an appropriate solution to the conflict. Joe Gibbons is the vice president and general manager of Seatcor’s largest desk assembly plant. Joe has been with Seatcor for 38 years and is two years away from retirement. He worked his way up through the ranks to his present position and has managed successfully his division for five years with a marginally competent staff. Joe is a long-standing personal friend. There is a perception Joe has surrounded himself…

    • 2101 Words
    • 9 Pages
    Better Essays
  • Good Essays

    Facilitative mediation is an interest based process of negotiation with the aid of a facilitator who remains neutral but encourages resolution. It is used in community, family, work, organisational, environmental and partnership disputes before the courts and tribunals. In the facilitative mediation emphasis is placed on parties needs and interests. The strengths of facilitative mediation are that it allows parties to maintain relationships, to negotiate and focus on individual/mutual interests. Another advantage of facilitative mediation is that the decision is mutually agreed on which means that parties are more likely to follow the decision made. It allows for party control, self-determination and self-empowerment. ‘Bush argued that a further benefit that the parties derived through direct participation in mediation is education in self-transcendence.’ Parties participating in decision making can empower their belief in the legal system and dispute settlement. The process of facilitative mediation allows parties to have satisfaction in the resolution of the dispute. Finch emphasises the importance of client participation in the facilitative mediation. Therefore, the use of facilitative mediation in the Australian legal system is an effective mediation type…

    • 832 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In my opinion, both of the authors combine their knowledge and experience to answer these questions sufficiently and as deductive as possible. They present examples and in dept discuss two case studies that speak for their purpose. The book is intended for those who work in the mediation field. Despite somewhat difficult language and vocabulary used throughout the book, even average person who is interested in understanding mediation will be attracted by it. For me, authors explain their taught movement as straightforward as they can in a nonfiction book.…

    • 872 Words
    • 4 Pages
    Good Essays
  • Good Essays

    (2) For mediation to be successful, open and honest communication and negotiation is essential. The parties will make complete and accurate disclosure of all matters relevant to the process of settlement. This includes providing each party and the mediator with all relevant information which would be available in the discovery process in a legal proceeding. If a party deliberately withholds information or supplies false information relevant to the settlement, then the agreement reached in mediation may be set aside. At any time during the session, the mediation can be terminated by either party or…

    • 658 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Mediation and Arbitration

    • 855 Words
    • 3 Pages

    Mediation is defined as an intervention to settle a dispute: the intervention by a third party between two sides in a dispute in an attempt to help them reach an agreement (www.msn.com). Arbitration is defined as the process for resolution of disputes: the process of resolving disputes between people or groups by referring them to a third party, either agreed on by them or provided by law, who makes a judgment (www.msn.com). The definitions have been established and it is now time to ask a few questions. What are the advantages and disadvantages to mediation and arbitration in the effort to resolve a dispute? What are the practical consequences of the Supreme Court 's decision in the Waffle House case to the implementation of arbitration in the workplace? After considering the consequences, does this mark the end of arbitration agreements as a means of keeping employment disputes out of the courts? These questions will be answered in the following paragraphs that will describe the advantages of "med-arb" in conjunction with conflict resolution. For purposes of this case assignment, the term "med-arb" will refer to any reference combining mediation and arbitration in sequence.…

    • 855 Words
    • 3 Pages
    Good Essays
  • Good Essays

    A recent movement in conflict resolution studies introduces the transformative approach to mediation. This approach, which is significant for this study, sets the goal of changing not just situations, but the people themselves through mediation activities, which encourage empowerment and mutual recognition. This typically, is one approach adopted by Gandhi whereby he suggests that all persons ought to see every other person essentially as humans.…

    • 386 Words
    • 2 Pages
    Good Essays
  • Better Essays

    In this essay, I have chosen communication and conflict resolution to demonstrate how I would apply in my personal life. Conflict resolution is a critical skill to satisfy interpersonal relationship and is an ability to deal with emotional turbulence in a relationship. Communication on the other hand needs to take place for any relationship to be nurtured “ Communication is the lifeblood of every relationship” (Bolton, 1987, p.13).…

    • 1867 Words
    • 8 Pages
    Better Essays

Related Topics