Videoed Mediation and Negotiation Sessions - Essay Example

?Videoed Mediation and Negotiation Sessions All day long, we are confronted with negotiations, whether we like them or not. We can favor ourselves bylearning how to manage them and to stay prepared for them. The thing which is admirable about movies is that we can learn from others about how deal with conflicts. Negotiations and mediations are considered as deal making of day-to-day life and movies are enriched with illustrations. A good blend of movies and negotiations topic can help manage the conflict and reach the point of conflict resolution. If negotiation and mediation session incorporate a substantive period of teaching through movies, then it will be helpful for trainers as well as for participants as well. Movies are considered as that mode, which can be easily understood by almost everyone, no matter how old or young. In this way, this tool of entertainment can help participants to learn from movies and remember the moral of that movie. There are number of movies, within which, the particular lesson can be found. However, a large number of negotiators and mentors create their own movies. The only purpose of creating movies is better customization as compared to commercial movies and other video clips. Arguments, frictions, differences, skirmishes and fights, etc. are some the reasons causing disputes among people. There are various ways of resolving such disputes among which mediation and negotiations pose greater importance. These two techniques are considered as the premier techniques of dispute resolution, however, nowadays these techniques are taught in different style i.e. through videos. This article specifically aims at highlighting the dynamics, which are operating in the mediation and negotiation session using videos. The structure of this article is formed in such a manner that the brief definitions and explanations of the mediation and negotiation is provided at the initial stage. Later on, the focus is kept upon the dynamics of the mediation and negotiation session operating in video-based environment. Conclusion will summarize the dynamics of video sessions used for mediation and negotiation1. Mediation Mediation is a problem solving technique in which the misunderstanding, differences, and issues are sorted out with the involvement of an independent party. The third party is an impartial and independent party having no interests on either side except the dispute resolution. Independent party listens and understands the viewpoint of both the parties, clarifies the issue, discusses further points, and reaches at an agreement, which is in the best interest of both the parties. This dispute resolution technique is a voluntary technique. However, some organizations may legalize this technique as a compulsory technique for the resolution of internal disputes among the organizational participants. Negotiation Negotiation is also a problem solving techniques for the disputes arising among the parties over a particular matter. Under this technique, both the parties initiate the discussions to resolve the issue in a good faith. Both parties put their points of concerns to each other, understands each other’s viewpoint, discusses and seek their flexibility to bargain over the issue and reaches at an agreement accordingly. The technique is a voluntary technique, however, unlike mediation; no external party to the dispute is involved in this technique. Organizations may use these techniques as a compulsory way of dispute resolutions. Critique and practice are essential for acquiring any new skills, which also includes the ability of mediating and bargaining. However, before trying something, many people prefer watching a skilled person doing that task. This paper aims to reveal how commercial films and videos can be used to enhance the skills of mediation and negotiation. Role Playing vs. Video Role-playing is considered less formal because usually students or viewers burst into humor. Instead of learning the purpose of role-playing, viewers begin to take that as a comedy. Another problem that arises with role-playing is that occasionally participants fail to perform. Due to this, the plan of a negotiator/ mediator or a teacher goes into vain. Despite, the key advantage because of which role-playing is being adopted by mediators is the fact of customizing it according to the situation or lesson. It is more cost effective than video and commercial films. On the other hand, Generation X finds it very easy to learn from videos and commercial movies. Also, most of the people do not remember an intense interaction for more than a few minutes, thereby wasting a long demonstration. With the help of video, the mediator can present a long demonstration in digestible bites and short section. It can be paused and resumed repeatedly, without causing annoyance to anyone. In role-playing, asking amateur actor to stop and start, can disorient them. Whichever method is utilized, it must be kept in mind that it is a way of enhancing and simplifying the negotiation process and it is not the entire process of negotiation. Therefore, to be effective, role-playing and video, must be integrated with good proportion and substantive instruction. Using Videos Effectively Mediators and negotiators can use videos for several purposes. Some of them include: Using Videos as Example of Good Practice The purpose of creating many videos is to explain a professional ability such as integrative bargaining or to demonstrate a procedure such as family mediation2. Comparisons Some videos are shown to differentiate comparisons, which allow viewers to compare different approaches. A video can be shown to teach the reaction of an actor under different cases. In other cases, videos are used to compare the excerpts of mediators at work. It can be done by showing brief scenes of different mediators (Benetton, 2010). Discussion Launcher Videos are also used to stimulate the process of discussion related to legal issues. Negotiators and mediators can show videos to their viewers and can get feedback from them regarding the respective situation (Benetton, 2010). Aid to Morale and Memory Video clips are helpful for generating emotional reaction, which is useful for fixing substantive points in the minds of viewers. Negotiators also show move to revive tired participants. After video has ended, the viewers can be asked to analyze the excerpts of video outside the class. Videos are also shown to build confidence. After watching a motivational video, viewers might shift to ‘can do’ attitude (Benetton, 2009). Utilizing Commercial Movies A large number of teachers, negotiators, mentors, and mediators prefer to utilize commercial movies rather than professional movies. The greatest advantage of commercial movies is that they have greater acting and production values. Using commercial movies can be helpful in generating a spark of excitement because viewers might realize a familiar scene, which was just an entertainment and all of a sudden takes new meaning3. Commercial movies also aid to serve myths and cultural view about the nature of conflict. A lot movies serve the purpose of conflict management, bargaining and approaches to problem solving. Challenges in Implementing Video Mediation and Negotiation Session The first challenge, which is encountered, is selecting which portions to use. A large number of videos last for hardly 40 to 60 minutes. Only few viewers who have enough time can watch these footages and remember the details of what they have watched. Long stints may lead to nonparticipation and students might think that the goal is to copy merely the technique of experts. Therefore, a teacher needs to think about what needs to be shown to the students. A famous writer attributes a comment that if he had had enough time he would have written a shorter letter. One of his short letters says; less is more. I hardly show a video of more than five minutes without a break. Stopping the video for discussion is essential since it is important to convey the message to professional about what they are observing. A good teacher asks the questions to students regarding what they have seen. Whether they agree with the approach of not and what they have done if they were in the next situation. In this way, students observe the professional in the video as well as the outcomes of those relevant tactics. An important caveat in the videos is to show professionals doing something. By doing so, an important quality of mediation comes into play that is, careful listening, and slow exploration, along with a great deal of recurrence. The same problem might arise in case of depictions of negotiation specifically in fast-paced commercial videos. It is an important to skill to learning to listen at length, remembering and not intervening what you have observed. A large number of (Alternative Dispute Resolution) ADR videos are longer in length, yet too short to reveal this key aspect of good practice4. Many ADR videos intervene themselves by recurrently presenting small lectures such as, ‘what you have just seen is an example of …..’. This approach can be beneficial for students who are studying at home but can be annoying for teachers who need to fast forward through such discussions. Many creators of such videos recreate it by excluding that commentary, which is so distracting. Avoiding Technical Glitches In order to use video effectively, it is needed to keep in mind some technical issues. Some of them include: What viewer will be used? It needs to be decided what device will be used. Is it a DVD player or a VCR, a projector with a laptop or web-based media? TVs are considered as the most reliable and simplest but it is difficult to accommodate large audience for an ordinary size TV. Projectors are best suitable for showing larger screen but are also vulnerable to technical malfunctions. Which form of storage will be utilized? Hours of video can be loaded in a laptop which eliminates the need of juggling DVDs, but then it requires to carry a laptop with you. How will the player or projector run? It is essential to be familiar with the projector before standing with it in front of audience. Do you want to operate it with a remote? If yes, then where it is and how does it work. Are u in a foreign country? If so, then it is required to get a plug converter. Laptops do not convert themselves with a voltage of 220. Therefore, it is required to match the room outlet with the voltage of laptop. Will you switch between the media? For instance, if it is required to switch from PowerPoint to videos to Excel sheets and back, which buttons accomplish this facility?5 Benefits of Video Mediation Traditional way of mediation through face to face won’t go away but for the reason of cost, sometime the way of videoconferencing comes. Some mediators are embarking on this trend. “Its great time to do mediation online” says Petra Maxwell, founder of MediationLine LLC. Meanwhile, business disputes, divorces and other problems call for resolution for conflicts. Nowadays, a large number of people are becoming techno-comfortable which expects such type of services. “Sometimes you get cases in which dollar values aren’t huge, and this makes mediation cost-effective, to mediate otherwise, lawyers and clients would have to travel.” Shapiro says. Mark Shapiro is a Toronto based partner of Dickenson Wright LLP. A large number of professional mediators claim video mediation as the second best way to face to face and live meetings. Some of those professional mediators include Joan Kessler, Petra Maxwell etc. Skype is the most widely used platform for online mediation and negotiation. Kessler claims she is not a tech savvy person but Maxwell is quite comfortable with the technology and both figured out that Skype is one of the best means to deal with online mediation. According to ACR Hawaii pilot project Virtual Mediation Lab, online mediators need to master the platform/software they utilize. The reason is that most parties are already terrified with their issue and anxious to see if a mediator can resolve their disputes. The only thing they need is to be able to deal with any technological difficulty. They expect that their online mediator will be skilled to deal with technical problem since it is their job. Therefore, if any technical difficulty arises, their mediator must know exactly what to do about it. Creating Own Video Mediation Own videos can be created for two basic purpose. One is for creating customized teaching content such as showing a similar dispute as discussed in class. Another purpose is to minimize cost of purchasing DVDs. Many mediators utilize the help of amateur actors in order to demonstrate a specific conflict or dispute. A disclaimer can be presented at the start stating, ‘The actors in the video are playing role intending to demonstrate…’ It is required to resist cute names, jokes, emotions etc. because the basic purpose is to make viewers believe that what they are watching is real interaction. Exaggeration destroys this effort6. In conclusion, video mediation energizes students, enriches instructions, and contributes to learning. With a small amount of practice, one can easily integrate the video mediation and negotiation sessions seamlessly into their teachings. Videos for mediation and negotiation can be helpful for mentors in order to teach their clients about specific issues. Videos are more cost effective than other means of teaching and can be used repeatedly for similar situations such as divorce, lower self-esteem, and loss of job or loved one etc., which are some common instances. Work Cited Luigi Benetton, ‘The Benefits of Video Mediation’ (9 Dec 2010) accessed 13 August 2013 Dwight Golann, ‘Using Video to teach Negotiation and Mediation’ (Winter 2007) accessed 13 August 2013 Peter Adler and Robert Benjamin, ‘Reel Negotiation: The Good, The Bad, And the Ugly Reflections of Negotiation and Mediation in Film’ (October 2006) accessed 13 August 2013 Lynn M. Malley, ‘Movies and Mediation’ < http://www.law.suffolk.edu/faculty/addinfo/golann/videoTeaching/movie.cfm> accessed 13 August 2013 Read More