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Mediation paper - Essay Example

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There are three facts on the case; first the veterinarian puts the dead animal in the freezer, and as per standard practice,…
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Mediation paper
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Download file to see previous pages fact about the case is that the pet is now fertilizer, the court has requested out-of-court settlement, and this presents an opportunity in my training to exercise mediation process.
Certainly, this is a perfect opportunity to apply theoretical principles of the mediation process. Firstly, the case presents two persons, the claimant and the fertilizer company representative who are willing to settle the matter outside the court. Secondly, the claimant has no interest for money; this is a good premise for this case. Her legal pursuit was primarily motivated by her feelings of hopelessness and grief. In theory, facilitated negotiations involve a neutral party who has relinquished powers to make a decision, this should be a fundamental principle that will guide me throughout the mediation process.
Folger & Bush (1996, pg. 264) identifies that satisfaction story is an important theoretical model in this case. Notably, the fertilizer representative and the claimant are interested in the settlement of the case. As a mediator, I will apply the satisfaction story in order to achieve four important goals of mediation. Firstly, the process should remain as informal as possible and not drive by any legal rules; this promotes satisfaction of both parties involved. Secondly, I satisfaction story, an important goal is to focus on the interest of the parties involved. In this case, the claimant is in pursuit for her emotional satisfaction on her loss of the pet while the company representative wishes to avoid litigation and court fines. Based on this case, my interest as a mediator will be to seek common ground that is acceptable to both parties.
Besides, satisfaction story model will allow me to ensure that the parties arrive in a commitment in meeting the agreement. An important factor in the mediation process is the satisfaction. It is achieved after clear deliberation that strikes a balance of both parties interest (Folger & Bush 1996, pg. 266). Moreover, this model is ...Download file to see next pagesRead More
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