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Self-Evaluation Paper - Essay Example

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Date Self-Evaluation Paper Introduction History has shown that human beings are bound to be in some sort of dispute or conflict at a given period of time. As a result, ways have been devised to solve these disputes or conflicts in amicable way in a bid to remedy the injured person or/and prevent detrimental and sometimes fatal consequences of such disputes or conflicts (Moore 9)…
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Download file to see previous pages However, this way of solving dispute has been criticized for being expensive, time-consuming, and in some cases leading to unfair and unjust outcomes regarding particular cases (Frenkel and James 22). As a result, alternative dispute resolution mechanisms have been devised in order to provide an economical, quicker and a more just and fair outcomes to parties in dispute. Mediation is one of the main alternative dispute resolution mechanisms. Mediation is a confidential and voluntary type of alternative dispute resolution. This method involves an impartial and independent person(s) who helps two or more parties to reach a solution over a dispute which is acceptable to all the parties. It may involve talking to the parties separately or together. Often, mediators do not make judgments, instead they ask questions in an attempt to unravel underlying problems relating to the dispute, help the parties in understanding issues and clarifying the alternatives for resolution of their dispute (Goodman 51). Principles of Mediation Being a critical alternative dispute resolution mechanism, mediation is guided by a number of principles that ensures that it achieves its objectives effectively. There are five principles of mediation which are generally- recognized that guides the mediation process. However, it should be noted that there are more other elements or principles that have been incorporated, but in a broader sense they still fall under the five which are generally- recognizable (Frenkel and James 46). The first principle is the principle of informed consent that requires that prior to consenting participation in mediation, the parties in dispute should be informed about their legal options and rights, as well about the mediation process (Wall and Dunne 217-8). The second principle is that of voluntariness which requires that mediation process should be voluntary and that parties should enter into it freely and in any outcome resulting from the process. The parties are also free to end their participation in the process at any time. The third principle is that of confidentiality which seeks to make parties aware that the process is confidential. This enables them to freely explore options and speak without fear that their communications in the process might be used against them. Also, confidentiality enables a party in dispute to request that particular information disclosed to the mediator not to be shared with the other parties (Frenkel and James 49). In addition, impartiality is a mediation principle which dictates that the parties are entitled to impartial and fair process involving an impartial and neutral mediator. The final principle is that of self-determination that requires that the parties and not the mediator to define the scope of issues to be addressed at mediation, and that the parties will determine the mediation’s outcome or results (Goodman 105-6). In order to understand the concept of mediation clearly and better, this self- evaluation paper will; consider the evaluation of my performance as a mediator. The paper will include the agreement reached by the parties and discuss the lessons learnt from the process that are deemed to be helpful for the future. I acted as a mediator between these two parties: Sammy Atwater (Plaintiff) and James ...Download file to see next pagesRead More
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