Mediation Observation Paper - Assignment Example

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This paper will focus on two mediation cases that involved different participants and parties. Mediation has proved an alternative, reliable and one of the most effective methods of solving problems faced by individuals. Mediation offers a better way of conflict resolution when compared to court system of conflict resolution…
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Mediation Observation Paper
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Download file to see previous pages The mediation case in focus involved James Nguyen, a student of Chapman law and who acted as the mediator between Robert and Swoboda who were the plaintiffs and Keith Mullens who was the defendant at the Corona Superior Court. Robert and Swoboda were couples who rented their house to Keith who upon vacation left the couple’s house in damaged state and was therefore sued for failure to pay for repair and rent of the previous month. However the disagreements, it became apparent that the plaintiffs and the defendant had never engaged in any conflict for the past five years that Keith rented the plaintiffs’ structure. All the parties were convinced and accepted to engage mediation process and Keith indicated that he would not be able to pay for the alleged damages and therefore requested that the plaintiffs drop the demands. On the other side, the plaintiffs held strongly that they could not drop the demands and the case was taken back to court where the plaintiffs were denied their demands after long period of time. Effective mediation requires that the individual mediator follow certain sequential processes and procedures that will enable him/her comfort the parties and achieve utmost transparency of opinions and views. Usually, mediation process begins with introduction between the mediator and the individual parties and any other additional party present in the session(s). The introduction part is usually very critical as it determines the moods and emotions of the individual conflicting parties and allows the mediator an opportunity to employ other strategies to comfort the parties (Douglas and James 4). Introductory part of the mediation process requires the mediator use the most appropriate physical presentation to ensure that no individual party is frightened or threatened by the just intended process. According to Douglas and James, this stage needs to be accomplished with all parties who are located in different structures (6). In the introductory stage, the mediator clarifies the roles of each participant in the process and explains the rules that should govern the mediation process and the actual time frame for the process. The mediator will then acknowledge by reaffirming to both parties about the issues under determination or the actual cause for the mediation (Cohen 6). In his mediation practice, James Nguyen involved all necessary aspects introduction to ensure that nothing was left in doubt. In introducing my friend Abdul Sameer and I, James described us as his fellow law students who had come to particularly assess his progress and approach to the mediation process. James reiterated to the individual conflicting parties that we the third party had nothing to do with their discussion and therefore the parties had no reason to fear expressing their vies in transparent manner. It is at this level of mediation that James Nguyen informed the conflicting parti ...Download file to see next pagesRead More
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