How Does the Style of the Mediator Influence the Parties to Achieve Consensus - Essay Example

Running Head: Mediation Styles and Effects on Negotiations ? ? Your name ? Course name ? ? ? ? ? ? Professors? name Date Contents Abstract 2 The Mediator 3 Parties 4 Stages of negotiation 6 Implementation of Mediation Process 6 Consensus 7 Mediation Style 7 References 8 Introduction Mediation is the process by which one undertakes in order to sort out a dispute that may have risen between two people or parties. It normally occurs when two different points of views/interpretation exist and both are in conflict or differ. This will necessitate the services of a mediator who will try to reconcile the views of all the parties concerned for the sake of peace and unity. Mediation is applied in all facets of our lives as conflicts are always and will always be present in any community, the nature of conflicts differ with situations and different circumstances(Asherman, 2001). Negotiation is a dialogue deliberated to resolve disputes, to come up with an agreement upon courses of action, to bargain for collective and individual advantage, or to channel outcomes to gratify a variety of interests (Bodine, 1997). Negotiation takes place among nations, in legal proceedings, government proceedings, in government branches, in non-profit organizations and in businesses. It also occurs in personal situations such as parenting, divorce and marriage. Most negotiations normally revolve around issues of conflict resolution, dispute resolution, security or defense, issues. Most of these negotiations include confidential and sensitive information and issues (Lynch, 2001). Mediation involves techniques and processes for dispute resolution which enable the parties in disagreements to resolve their conflicts away from litigation. It can be classified into four categories namely mediation, collaborative law, negotiation and arbitration. Its application varies from one state to the other as well as from one culture to the other. There are two historic types of mediation which includes resolution of disputes without following the judicial processes (the formal mechanism) and the use of informal processes pendant to or attached to judicial official mechanisms (Krivis, 2006). The methods for carrying out dispute resolution are similar because they apply the same skill or tool sets which are basically embedded in the negotiation skills. Negotiation and mediation are increasing in use due to a number of reasons which include lower costs, speed and high chances of dispute settlement, agreement durability, less complexity of procedures used and the flexibility of the process since the process is controlled and determined by the parties to the dispute. The four stages that constitute the mediation system include evaluation of the case where parties to the dispute present their issues and facts to an evaluator who takes a neutral position between the parties, neutral early evaluation of the case or the dispute, finding of neutral facts related to the dispute and selection of an on bound or a third party to the dispute (Lynch, 2001). This paper deals exhaustively with a close consideration neighborhood care mediation scenario. The Mediator: The mediator?s role is to ensue that peace and harmony is present and exhibited by parties in the neighborhood and with members of the community, who may presently be at loggerheads with each other or with the church. We have to understand that when it comes to any given neighborhood, there are many different types of people that you can come across and each is unique with different character (Asherman, 2001). It is therefore the responsibility of the handler or a person assigned to resolve issues to identify the uniqueness if the individual and the case presented to him or her in order to effectively resolve the issue at hand.| Conflict may manifest itself through persons of the community acting aggressively and in total opposition to the normal behavior expected from them. More so, members of the church may act aggressively towards officials of the church regarding the management of the church and current plans on the usage of church property. It is therefore the work of a mediator like to assist in resolving these issues. Resolving of any issue requires one to be professional and patient as one has to hear both sides of an argument and come up with a reasonable solution that is comfortable to all parties involved (Boyle, 2005). Parties: The population being served by the church and the organization in question, neighborhood inc. is mostly diverse ranging from the youth to the elderly. Neighborhood Inc.?s role is to ensure that all the needs which are in essence unique to mentally unstable persons, are reasonably met to enhance the comfort of these people. When taking care of them one has to consider the different cultural backgrounds that they come from. Another factor to consider is the difference in demographic and geographical background (John, 2004). The Community on the other hand serves the local population. This population is also diverse with every individual having their own set of characteristics. The present community is in opposition with the leasing of land to Neighborhood Inc. They some of the fears and demands that have been expressed include: 1) Church should not be allowed to rent its place for any use that will disturb the neighborhood. Many of us have lived here for more than 25 years and we have paid our taxes and kept up our homes. We deserve peace and quite (Boyle, 2005). 2) If mentally disturbed people are attracted to this area in large numbers, there is bound to be trouble. Some of the neighbors are elderly and have no ability to defend themselves. This facility will cause some of us to become shit-ins. 3) There have been break-ins in this area. This facility is likely to increase the crime rate. It will be impossible to walk outside in front of our homes. 4) We are opposed to any new activity in the neighborhood that will increase parking and traffic hazards, increase noise levels and diminish the value of the property. 5) In the past, the church has expanded its activity (.e., Sunday school and day care) without consulting us. The results have been strangers coming and going at all hours. We demand that no additional activity be allowed. 6) There have been prevalent claims that that the group that the church proposes to rent to?neighborhood care, inc?will not be able to provide full time supervision for the disturbed patients it hopes to serve. The residents are convinced that the church is not an appropriate setting in which to provide health services. Moreover, we are concerned that neither the church nor neighborhood care, Inc. will be able to deal with disturbed people who will wander in off the streets once they hear that a place is stay is available (Lewicki, 2005). 7) If the zoning board is not empowered to stop this intrusion into our community, The residents insist that very strict conditions be imposed: (A) hours of operation must be limited to 10 a.m-2p.m four days a week with no activity on Fridays or weekends; (b) no more than 10 people in the church at any time; (c) parking only in the church parking lot; (d) the church must accept responsibility for any and all damage caused by strangers in the neighborhood and (e) no noise or trash (Boyle, 2005). Stages of negotiation: The three major stages that a successful negotiation undergoes are Initiation stage, which involves formulation of the negotiation agenda. The second stage is the Problem solving or middle stage which involves narrowing the differences of the negotiating parties (Lemmon, 2004).The third stage is the resolution or the ending stage. This final stage involves implementation of final agreement (Lewicki, 2005 Chap 4, pp 102). What are the three most important steps in the negotiation planning process and why? The three most crucial steps in the negotiation planning process are 1. Determination of the goal-This will help the negotiators to determine the way in which to achieve these goals and the priority of these goals (Lewicki, chap 4, pp 103) 2. Formulation of strategy-This involves methods and the strategies needed to achieve the negotiated goals 3. Planning-This final step ensures that the strategies adopted are properly installed in the negotiation process (Lewicki, 2005). What steps would you add or delete from the negotiation planning process to make it more effective. Why? A commitment and closing stage may be added. This will effectively ensure that the parties become officially committed to answerable to the agreement, and the end an official document in the form of a memorandum of understanding supports the deal ( Lewicki, chap 4 pp 105-130) Implementation of Mediation Process: The initiation stage when viewed from our case study involves calling all parties to the table and establishing some form of conversation between the parties. This will be followed by the second stage which involves the two parties to list their demands in order to create and affirm clear objectives of the negotiation process (Asherman, 2001). The problem solving stage of our negotiation process will involve trying to create compromise between the two parties. Compromise can be met by encouraging open discussions about perceived fears that each party would have. The fears pertaining to the neighboring community should be addressed by neighborhood Inc. This will involve all the concerns that have been stated above. Finally a mode of agreement will have to be met but this will require the delicate handling of the mediator as he/she will be in a position to steer the two parties into reaching an agreement ((Lemmon, 2004). Consensus: The mediation process should employ an advocacy model that focuses on upholding the rights of all parties. The model is based on two fundamental principles which are; Competency on the side of the neighborhood Inc. In order to ensure that all mentally challenged persons are taken care of with regard to the safety and wellbeing of the outside community and honest communication between the community and Neighborhood Inc. This advocacy takes that the community should assume that neighborhood Inc and the church are able to communicate effectively and are also both competent enough (Maureen, 2006). This kind of model ensures that both parties are not abused or mishandled in any way. Mediation Style: The mediation style employed by the mediator involved looking for a reasonable middle ground between the two parties. Another factor that contributed to her acceptance in the mediation process is fairness and lack of biasness during the listening and resolving of arguments. The mediator has a history of solving arguments that were at times on local basis, i.e. between friends or families having issued due to their different opinions on different issues in the society. She was known to be a keen listener to people and this made many people give her respect in the way that she handled cases and resolved issues that demanded a proficient person in the mediation process (Asherman, 2001). The above case between the Neighborhood Inc and the community necessitates that both sides have empathy i.e. requiring that they both put themselves in each others shoes. This cultivated a spirit of respect that was fostered through out the negotiation process Effects on Negotiation: Through the different approaches taken by the mediator, the mediator was able to steer the parties away from conflict and to an environment and condition where the parties were able to speak their minds out and empathize on each other?s position. This enabled the parties to seek a negotiation settlement that will not involve the judiciary process. The negotiator was also able to make the parties come under one understanding. This hence led to a settlement that promoted peace and dialogue. The parties were hence able to sit down and reason with each other. 1 Read More