The role of mediation towards conflict resolution (with examples) - Essay Example

?Running Head: Role of Mediation towards Conflict Resolution Role of Mediation towards Conflict Resolution [Institute’s Table of Contents Introduction 3 Main Arguments 6 Conclusion 11 References 13 Introduction Conflict is one of the aspects in human’s life that no one can run away from and overcoming or resolving conflicts is one of the beneficial and fruitful things that can build strong associations and bonding between people. Throughout the course of an average day, an individual encounters many different areas of conflicts. This means that conflicts can occur with friends, family or may even arise in work environment (Ramsbotham, Woodhouse & Miall pp. 8-10, 2011). In fact, in the todays fast pace world of utter competition, in order to accomplish the goals and objectives, team working has become a necessity. The team or the group of people works towards a common goal where all the members are proficient enough to make decisions, solve problems, and share responsibilities. However, when one or more than one person works on a particular task or activity, discrepancies, inconsistent views or conflict is likely to occur generally. This is because every individual not only belongs to different backgrounds but also have lived diverse and dissimilar experiences in their lives, and thus, it leads to have diverse and dissimilar perceptions even when working on a common goal (Ramsbotham, Woodhouse & Miall pp. 8-10, 2011). In some situations, the conflict is nominal and may cause lesser amount of stress, however, in other cases; it might prove to have worse effects. Therefore, the understanding of the temperament and nature of the conflict is of great importance, which can lead to the constructive solutions as to how the conflict can come under resolution in a beneficial manner in order to improve the relationships that come under its affection (Dana, pp. 3-8, 2001). Studies reveal the fact that numerous causes can add to conflicts. In fact, when a person or a group of people comes under employment to perform a particular task that is contrasting to their needs or interest, conflicts is likely to occur. In addition, when the group of people has exclusive and independent behavioral preferences with respect to their mutual actions can also give rise to conflicts. A number of people do not have the ability or proficiency to communicate effectively and efficiently. Therefore, poor communication skills between people are also one of the prime reasons that can cause conflict. It has also come under observation that inadequate skills and knowledge are also one of the imperative contributors for creating a conflict amongst the people (Pahl, Richter & Rohrschneider, pp. 3-10, 2009). This is due to the reason that if a person in a group of people lack special skills or knowledge, the goals is unlikely to come under execution, which escalates the probability of conflict. The mentioned were few of the instances that can lead to conflicts amongst people, however, conflict resolution provides various solutions that can eliminate the differences between the people and improve or enhance their bond or correlation (Pahl, Richter & Rohrschneider, pp. 3-10, 2009). It has come to notice that culture plays a dominant, leading, and sensitive role in conflict resolution whether it is on a professional practice or in academic field. This can come under well understanding with the notion that in Western civilization, people in general opt for and promote open communication among disputants, solves their issues and outline agreements on a mutual basis that meet the principal and basic needs of both the parties. This means that the conflict resolvers make both the parties agree to have a win-win situation where all the people under conflict get an equal satisfactory circumstance. A win-win situation is essential in the non-Western culture as well, but the way of resolving the conflict is somewhat different in nature (Avruch, pp. 24-27, 1998). However, while looking at the other end of the spectrum that is in the non-Western customs, direct and open communication with the disputants does not happen in normal circumstances. This is because; explicit communication or open speaking about the issues comes under consideration to be rude and offensive. This can even result in postponement of the conflict and can even lead to worsening the disagreements. Therefore, the involvement of community, religious or tribal leaders comes under performance who communicates obliquely to the disputants. In addition, these leaders also advice and provide the disputant parties with suggestions through stories. Consequently, the intercultural conflicts have come under consideration to be quite complex and misunderstandings are one of the common outcomes as the expectations of disputants are relatively diverse (Avruch, pp. 24-27, 1998). Whilst having a glance at the aspect of the personal conflicts, the outcome of serious conflicts can turn into frustration and loss of efficiency for an individual, however, counseling is one of the optimistic, constructive, and useful cure or remedy that can come under exercise. On the contrary, for the professional conflicts, the organizations even have the opportunity to hire professional counselors or even the managers by implement the technique of listening with empathy and understand the opponents’ perspectives. This art of listening helps relieve the frustration and aggravation of the disputants or the co-workers even comes under reference as the non-directive approach, which has proved to be very effective implemented by the managers (O'Donohue & Fisher, pp. 538-540, 2009). To put it succinctly, conflict has become an integral part of human existence. In fact, conflicts have taken over the world in all the realms of life, whether it is office environment or home atmosphere. However, when talking about conflict resolution, the term elucidates that this process would engage alleviation, reduction, elimination, or termination of all the aspects and types of conflicts. When it comes down to conflict resolution, the phrases such as negotiation, bargaining, mediation or arbitration are few of the common terms that comes under notice and consideration (Wandberg, pp. 4-8, 2005). Mediation is one of the unique ways or approaches to conflict resolution where the person who resolves the conflict or the dispute is the mediator. Mediator is a neutral, unbiased, and fair-minded person who acts as a third party for the disputants that can be two or more people or group of people. In addition, mediation is a non-adversarial technique to conflict resolution. The mediator not only smooths the progress of communication between the parties but also aid them so that they can draw their attention towards the actual problems. The mediator also proposes options or solutions on generic and broad terms that sound favorable for both the parties to agree as an effort to resolve the difference of opinion or disagreement (Bercovitch & Jackson, pp. 33-35, 2009). Main Arguments Various studies exhibit that mediation comes under consideration as the last step of the technique for conflict resolution on a broad spectrum. The technique of mediation comes under exercise in specific and particular situations of conflicts as a part of decision-making. This technique has proved to be useful in situations when the quarrel or clash has not come under resolution. The entire practice of mediation is informal, yet structured. The process of mediations not only facilitates towards the elucidation of the actual cause of conflict but also come across and uncovers the way to the solution. In wide-ranging circumstances, the mediator are a third party, non-prejudiced person who decrease and ease down the level of tension and anxiety amongst both the parties (Strasser & Randolph, pp. 3-5, 2004). This mediator or the third party consultant begins his or her work by explicating and making clear the entire process of mediation and then continue with the explanation of the role of mediator in the entire course of action. Later on, when all the understanding comes under development, then the mediator reply and respond to the questions of the party or the disputant one at a time. This means that the mediator initially communicates with both the parties on individual basis and then a combined meeting takes place. Based on all the meetings, the mediator plans and creates an agreement that both the parties accept. Mediators are people with specialized skills and talent and are highly trained as well. Moreover, it is not necessary that every mediator is a professional, yet come from a very diverse and different occupation and lifestyle. Furthermore, studies also reveal the fact that it is not in all cases but mostly, the mediators have proper background knowledge of the disputes and conflicts (Schellenberg, pp. 190-192, 1996). Empirical studies also provide with information that mediators do not play the role of a judge as they do not submit a decision or impose a solution to any of the disputants. Rather, the mediator assists the parties involved in the quarrel to have a conversation to each other and in doing so they make the parties resolve the dispute themselves. Therefore, the mediator administers and controls the mediation session while remaining impartial with both the parties (Menkel-Meadow, pp. 368-370, 2003). Extensive studies provide with the fact that mediation has come under exercise for a wide assortment of disputes that range from minimal problems in the school to civil lawsuits to extremely public policy problems to international conflicts. The process of mediation has provided ample of evidence to be effective and valuable and this is because the mediator does not oblige or compel an outcome on the disputants. In addition, the mediator is the key responsible person for its effectiveness as they create a more productive and dynamic argument for the disputants. The mediators provide their assistance to the parties in determining the facts related to the dispute by showing them empathy and fairness, due to which the parties are able to generate new ideas and plans that are satisfying and please both the parties (Bercovitch & Zartman, pp. 345-350, 2009). According to some schools of thoughts, people and organizations opt for the process of mediation for conflict resolution in order to have an accelerated and efficient resolution for the particular dispute. However, others disagree to this answer. This is because according to their beliefs, the fundamental purpose of mediation is to improve and enhance the relationships or the associations between the people under conflict, as they might have to have a contact on a long-term basis (Strasser & Randolph, pp. 3-5, 2004). The process of mediation and the role of mediator are quite different and contra-distinctive from arbitration. This is for the reason that in arbitration, the intermediary listens to both the parties under dispute and formulates a decision accordingly, however, the mediator provide help and support to both the parties to come up to a solution of mutual interest. Even though the mediator offers with ideas or suggestions for the resolution, the mediator principally and predominantly aids the disputants to identify the issues and conclude a solution of the basis of communication. Divorce and child custody cases are few of the common examples that make the use of mediators to resolve the personal and family issues and disparities (McDermott & Berkeley, pp. 64-66, 1996). Mediation approach also utilizes a number of styles for resolving the conflict. However, the most common and widespread style or approach to mediation is problem solving that is oriented to the settlement of the quarrel. In this approach, acquiring settlement is the prime focal point for the mediator. Furthermore, the mediator acts as a highly dominating and manipulative person in order to bring both the parties under conflict to a single and shared resolution. Nevertheless, with the passage of time, few other approaches that include transformative or relationship-centered mediation that were not common before are gaining popularity. In this technique, the mediator’s prime focus is to allow or authorize both the parties to have solutions on their behalf; at the same time, the mediator identifies the interest and needs of the other side. With this empowerment, the parties agree to their jointly made solutions and are not pushed or forced in governance (Vasquez, pp. 93-95, 1996). A research study came under exercise in the European region that identifies the definite and authentic reasons that caused conflict in organizations within that region. The study included the resolution of the conflict through the mediation method and found out that mediation came under consideration as a very positive approach. The participants that were under focus in that study belonged to the non-managerial positions with different educational levels, representing different areas or departments of the organization. This study focused on finding out and analyzing the issues and concerns allied with the conflicts that the rationale that caused conflicts. The problems that appeared from the study concluded a number of aspects that include low earnings, unproductive working conditions with long hours of work, heavy workload, under-staffing, lack of communication, unfruitful environment, fear and a lack of trust (EWCO, 2009). However, the type of mediator engaged in this study became one of the significant and accentuated concerns. Although both types of mediators are effective as the internal mediator completely understand the scenarios and environment of the organization, but it can become a little biased. On the other hand, the external mediator is more neutral and fair. Apart from all the normal solution, the European organization came up to an innovative solution and that was to have a retired employee of the organization as a mediator. Since the retired employees are an amalgamation of both internal and external mediators, therefore, the retired employee was a solution to resolve the conflicts (EWCO, 2009). While looking at another example of conflict resolution through mediation in an organization, a group of co-workers had differences of opinion for the accomplishment of task group task. The mediator while having a joint meeting both the parties that is the co-workers, the mediator clarified that point of views must come under action without any interruption or remarks from the other party. In addition, the mediator makes this a very short and precise dialogue session in order to make both the parties become clear about the disputes and their conflicting views. Furthermore, the mediator asks each individual of the group to provide with their actions on a specific note as to how they would like the other person to do it that would resolve their differences. According to one of the suggestions that stated, “I would like to have the responsibility for all the section A and have the dealing with the client as well” (Kurtz & Turpin pp. 686, 2000). While looking at this scenario, the manager can also play the role of mediator and distribute or make the co-workers take their own responsibilities so that the conflict comes under resolution. Mediation is one of the unique ways of resolving a conflict that it adds several advantages with it. Improved and enhanced relationships amongst all the disputants are one of the major benefits that mediation sessions bring with it (Kurtz & Turpin pp. 686, 2000). This is possible through cooperative problem-solving and better communication. In addition, mediation also comes under consideration as a productive technique to resolve the divergences, as it is a private and confidential process (Doherty & Guyler pp. 41-42, 2008). Moreover, the parties under quarrel and the mediator keep the confidentiality and discretion of the information disclosed during the process. After having a comprehensive look at process of mediation as a powerful and productive approach towards conflict resolution, it has come under notice through various sources of information that international conflicts have a high propensity to be complicated in nature that even involve high stakes. Due to this reason, negotiation or agreement on common grounds through even mediation becomes highly difficult (Zartman, pp. 174-175, 2007). The entire scenario leaves a small space and time for the conflict to come under settlement. The process of mediation also tends to provide unsuccessful results in condition if the mediation comes under exercise before or afterwards. In addition, the research also provide with evidence that mediation has shown less successful outcomes in the context of international conflict resolution than in most of the other cases (Goldstein & Pevehouse, pp. 245-248, 2006). Conclusion From the above dissertation, the bottom line states that non-addressed and unresolved conflicts can twirl to be destructive force. This is because the conflicts, when left unresolved, produce suspicion, dishonesty, defensiveness, conspiracy, and barriers. In fact, conflicts have both sides: constructive and pessimistic. The positive side of the conflict results in enlightenment and elimination of all the problems with open communication and discussions. However, the inappropriate manners and conducts, depressing impact on confidence or self-esteem are the consequence of negative side of the conflict (R.I.C. Publications, pp. 2-5, 2003). Conflicts can come under resolution with a wide variety of approaches and techniques. However, mediation is one of the very competent and persuasive ways for making a settlement for the disagreements. Besides, mediation is a course of action that can resolve conflicts ranging from very diverse aspects. However, the mediation session comes under implementation with the intention to identify and recognize pertinent discrepancies, illuminate and shed the light on misunderstandings, seek for solutions, make suggestions and negotiate on an agreement on shared interest. Mediations can vary in the types of conflicts and cater a wide range of disputes that take account of families, neighborhoods, juvenile offenders, the workplace, corporate, employment, construction, real estate, health care, church and community disputes and can even go to global issues and concerns (Crawford, pp. 23-24, 1996).  Conclusively, empirical researches have revealed the fact that the implementation of mediation has dramatically increased from the last decade. In addition, the success of this process is because of the fact that the mediator does not impose or compel any action or solution to the disputed parties. In fact, the mediator just helps the parties to come up with a solution on which both the parties can have the same opinion (Tidwell, pp. 19-21, 2001). References Avruch, K. (1998). Culture and conflict resolution. US Institute of Peace Press. Bercovitch, J. & Jackson, R. (2009). Conflict resolution in the twenty-first century: principles, methods, and approaches. 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