Free

Mediation - Essay Example

Comments (0) Cite this document
Summary
The first stage of a mediation process is to set the stage for mediation. The mediator is responsible for setting the stage for mediation by establishing a friendly relationship with the parties involved in the mediation process. In this…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.8% of users find it useful
Mediation
Read TextPreview

Extract of sample "Mediation"

Mediation process Steps in a mediation process A mediation process has six stages. The first stage of a mediation process is to set the stage for mediation. The mediator is responsible for setting the stage for mediation by establishing a friendly relationship with the parties involved in the mediation process. In this stage, the mediator first identifies self and the warring parties. The mediator then explains the reasons for having the process and the role he or she would play in the process. He or she may also set the ground rules for the mediation process and ask the parties to obey the outcomes. The second stage is where the mediator identifies the concerns presented by the parties in a conflict. The mediator listens to the different versions of all the parties and calms or reassures them accordingly. The mediator should have active listening skills for this stage to be successful. During this stage, the mediator clarifies statements and questions so that the parties involved understand each other. He or she may also paraphrase the stories given by the parties. The third stage is the agenda setting stage. In this stage, the mediator outlines the issues that require a solution. He or she sets the agenda for the process by summarizing the disagreements or agreements between the parties. The purpose of mediation is to resolve these disagreements in an unbiased way (Drews 44).
The fourth stage is the generation of alternatives stage. The mediator employs his or her skills to generate a series of possible options for the parties (Drews 44). He or she may also guide the parties in generating alternatives. In the fifth stage, the mediator asks the parties to choose among the generated alternatives. He or she guides the parties in selecting alternatives that are satisfactory and feasible to them all. The sixth stage is ending stage. In this stage, the mediator writes the agreement as agreed by all parties.
Key people involved
A mediation process normally involves three people. The first person is the mediator. The second and third persons are the two warring parties. However, the process may also have “support people” who assist in signing the agreements.
Concluding a mediation
Concluding a mediation process is the last stage of a mediation process. In case a solution is reached, the mediator concludes the process by writing an agreement that is signed by all the parties. However, if the process is not fruitful to come up with a solution, the mediator summarizes the issues raised and thanks the parties for their contributions and making progress. He then ends the session.
Advantages and disadvantages of mediation
The first advantage of using mediation is that it is less confrontational, thus, less damaging as compared to court processes. The process also allows the parties involved to make their decisions (Drews 44). The process is also more confidential and inexpensive as compared to the court process. However, mediation is disadvantageous because the possibility of power imbalances of one party. Power imbalances may be created by one party’s wealth of knowledge, resources, or appealing personality. Since mediation normally emphasizes on a peaceful future, it is likely to overlook past injustices. Third, the success of the process heavily depends on parties to show commitment and good faith.
Application of mediation
One area where parties can use mediation is solving wrongful termination at work. A sacked employee and his employer may call a mediator to solve an issue of wrongful termination. The mediator may help the parties in reaching a solution. All the parties will present their cases to the mediator and seek guidance on how to reach a solution.
Work cited
Drews, Margaret. “The four models of mediation.” DIAC Journal of Arbitration in the Middle East, 3(1), 44, 2008. Web. Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Mediation Essay Example | Topics and Well Written Essays - 500 words - 1”, n.d.)
Mediation Essay Example | Topics and Well Written Essays - 500 words - 1. Retrieved from https://studentshare.org/journalism-communication/1691233-mediation
(Mediation Essay Example | Topics and Well Written Essays - 500 Words - 1)
Mediation Essay Example | Topics and Well Written Essays - 500 Words - 1. https://studentshare.org/journalism-communication/1691233-mediation.
“Mediation Essay Example | Topics and Well Written Essays - 500 Words - 1”, n.d. https://studentshare.org/journalism-communication/1691233-mediation.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Mediation

Ada Mediation

...?ADA MEDIATION Inserts His/Her Inserts Grade Inserts 18 April ADA MEDIATION Factual Summary:The case deals with a second year music student, studying in State College, who is disabled and using a wheel chair to move around. The State College is an old institution and the college authorities claim that it has historical significance of over 200 years in terms of its architectural structure. The real problem derives from the fact that due to absence of ramps, the student is not able to move freely around, which prevents him from utilizing the resources available in the college. Thus, he is forced to seek help from others to negotiate the tall steps. This causes considerable problems to him and hampers his...
2 Pages(500 words)Essay

Mediation

...? Mediation This essay is law based topic of sociology. It includes the of mediation. It covers the interview from a mediator who practices the mediation in a court. Mediation is a term used in law which means to resolve disputes among parties. This essay is interview based topic that collects a lot of information regarding the mediation and mediator. This essay covers how a mediator practices the mediation and what is his or her reward. What is scope of mediation and what is position of mediation either primary or ancillary. Mediation is a term used in law that describes a method to resolve disputes among two or more parties with solid arguments. The person who practices the mediation is called mediator. He/she aim to negotiate... a...
4 Pages(1000 words)Essay

Self mediation

...?Self-Mediation Conflict Resolution Self-Mediation Conflict Resolution In our daily interactions with other people, we are normally get into conflicts with one another, as is normal with human beings. We interact in various occasions and when conflicting situations arise there is a necessity for us to resolve the underlying issue to avoid it resulting into a fight. Personally, I have been faced with a conflicting situation with a friend that equipped me with self-mediation conflict resolution techniques. In the incidence, my friend who is of a different race and I were watching a movie, and the disagreement arose. The movie was contrasting the difference in cultural practices between the...
3 Pages(750 words)Case Study

Mediation process

...INTRODUCTION Mediation is a conflict resolution process by which a mediator with no formal ity acts as a facilitator and go-between in the negotiations. Mediators are expected to be impartial and able to create an opportunity both for productive communication and problem solving. They have the power to control the process such as allowing somebody to speak but they are also expected to allow the parties involve in shaping the content of the discussion. They are tasked to keep the discussion geared toward resolution instead of leading to a debate. Mediation, however, has evolved from its North American origins as an organizational development instrument to international...
1 Pages(250 words)Essay

Mediation Assignment

...Mediation Assignment Mediation Assignment Stabilizing the setting After setting up a mediation meeting with both Brenda Bennett and Harold Stokes, from the Human Resources and Engineering Departments respectively, there is a need to alert them of the situation they are facing. It is in both the parties’ interests to have this meeting in order to have them value the issue of protocol, especially when it comes down to the hiring of summer interns. By providing them with the procedure surrounding mediation, both parties understand that there is no bias during the process. Moreover, as the mediator, I am a neutral party who is there to listen and assist both...
3 Pages(750 words)Essay

MEDIATION MEMORANDUM

...Mediation Memorandum Affiliation: Alexis Fairchild Marshall Petersen November 10th, 2014 SUBJECT: Contract case analysis Facts of the case The relationship between me and the grape producer has always been cordial and not majorly business. I decided without any coercion to promote the grapes and the products from its seeds to my customers as a courtesy for the grape producer allowing me into her Sunday school program around six months ago. I had no idea the customer would be interested and when they did, I decided to make a business out of it. We started the business relationship and there were no complaints. I paid each and every invoice and the business blossomed. My research indicated that the grapes and its products...
4 Pages(1000 words)Coursework

Mediation paper

...in my training to exercise mediation process. Part 1: Theoretical Analysis 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...
10 Pages(2500 words)Essay

Mediation Skills

...Mediation Skills A U.S. company specializing in cross-cultural mediation is JAMS (Judicial Arbitration and Mediations Services.Inc) It was founded in 1979 in Santa Anna, California, and today is considered a largest and one of the major organizations in the country that provide mediation services. As big and developing organization with the national reputation, JAMS would definitely expect a highly professional conduct from employees, including communication and negotiation skills as well as those of problem-solving, planning, and ability to work in a team. At the same time, the peculiarity of mediation practices would demand from a person to show...
1 Pages(250 words)Assignment

Mediation Companies

...Mediation Companies   Introduction Mediation is a practice that aims at solving social, political and economic wrangles between regions and countries. Global mediation organizations usually offer a dispute settlement services to the warring groups to get a long lasting solution (Andreeva, 2011). Moreover, in mediation practices, the parties involved in disagreement are allowed to make an agreement without being persuaded by a third party. The disputes can involve communities, states, and even individuals. Global mediation organizations are given a mandate to facilitate mediation in any part of the world. However, there are laws that...
3 Pages(750 words)Assignment

Mediation

...MEDIATION Integrative and distributive approaches to mediation Integrative mediation is a co-mediation process that involves amental health professional and a lawyer both attend to the emotional and legal needs of the parties involved to help them find a solution that is mutually satisfactory (Moore, 2014). Both the lawyer and therapist mediator work hand in hand equally through every step of the case to ensure both the psychological, legal and emotional needs of the dispute. The parties involved in integrative mediation seek to achieve their goals with at the list cost possible. The mediators thus seek to help the people with dispute find the elements of the dispute that may not seem obvious to them. In this form of mediation... , the...
5 Pages(1250 words)Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Mediation for FREE!

Contact Us