Partnership Business of Catering - Essay Example

Mediation Critique This essay highlights the case study of dissolution of partnership, reveals the contribution in “Story Neighborhood Justice Center” and the role of volunteer mediator in solving the issues that faced by the involved parties. The case is between Randy Santara and Brett Kessel who are involved in a partnership business of catering. The catering service operated by them is known as Ring-and-Serve. Randy is a self-practicing accountant and due to her ability in accounting works, she decided to invest certain amounts and start a new venture. Besides, Brett was a college dropout and interested in the area of cooking. Additionally, before involving into partnership business, Brett had gained experience in different other food service centres. The case study reflects the fact that until June 2013, the business was operating efficiently. However, in the later summer period, the business was not properly functioning and thus no profit was earned. Therefore, based on the case scenario and the situation of the business, it was decided by both to dissolve the partnership. Thesis statement. This essay tends to provide a better understanding about the role of the mediator in solving the issue of the case and negotiating between the parties to reach into a common agreement. DISCUSSION 1. Physical Setup of the Mediation Conference Room. The environment of the mediation room is deemed to be the most crucial factor for ensuring the success of mediation conducted between Randy and Brett. Apart from the physical setup of the room, the less tangible factors also contribute into influencing the decision-making of the parties as well as the mediator. From the mediation conducted, it can be understood that the environment was calm as well as safe for the parties with respect to negotiation (00:14). Besides, in order to ensure the success of the mediation plan, only three people were present at the conference room including the mediator, Randy and Brett (00:47). Furthermore, the comfort of both the parties involved in the mediation was deemed to be crucial and thus the environment was kept peaceful to facilitate proper communication and create a problem-solving atmosphere (00:25; 01:02). 2. Mediators Opening Statement. In the opening statement, the mediator introduced herself and presented a brief idea about the tasks that will be performed for reaching into a common agreement between the involved parties (00:08). The mediator stated that the main objective of the session conducted was to reach into a mutual agreement between Randy and Brett so as to evade any sort of conflicting situation further (01:19). Besides, the mediator also highlighted the fact that full confidentiality of the information will be maintained. In addition, the mediator also mentioned that partiality will be avoided on both the sides in order to bring out favourable or positive outcomes. Besides, the mediator inferred that she will be held liable to ask questions to both the parties involved in the mediation. Additionally, the notes taken during the mediation will be destroyed after the session gets over for maintaining confidentiality of the collected information. More importantly, the mediator introduced the terms of caucus that will be applicable in deriving suitable outcomes (01:27). 3. Parties Opening Statement. The opening statement of both the parties represented introducing self and providing in-depth details about all the necessary information of business and the issues faced by them while performing the same. Randy was the first to introduce to herself to the mediator (02:25). She revealed how the business was established and gave the details about the overall capital invested. Apart from the details related to capital, Randy also highlighted the issues that faced by her with respect to the job responsibilities being performed by Brett. Lastly, Randy mentioned the respective claims made against Brett along with the reason behind the dissolution of partnership (03:38). Similarly, Brett was also given the opportunity to introduce herself and briefly discuss the issues being faced against Randy during the conduct of the business (04:00). 4. Issues To Mediate And The Role Of Mediator To Identify And Agree On The Same. Throughout the conversation between the mediator and the parties to negotiation, a number of issues were identified as well as agreed upon. In case of Randy, it was claimed by Brett that she took the vital decision about carrying out business by herself and make necessary decisions (04:49). Similarly, the issues identified against Brett revealed that she spend too much for cooking purpose that the business was unable to afford (05:19). Furthermore, Randy also claimed that Brett used the profit of business for personal fund. Furthermore, lack of practice in catering service was also claimed against Brett. The businesses as well as the personal issues were agreed upon by both the parties in terms of following individual discussion with one another (8:16). 5. Issues Added or Dropped. In the mediation conference, a number of issues were added as well as dropped with respect to the requirement of bringing the parties to mutual agreement. Firstly, the issue related to the employment of new staff was altered i.e. instead of four full time employees, two part time and two full time personnel will be recruited (20:25). Secondly, the issue dropped was that the five month unpaid salary of Brett would not be paid once, but half from the first year profit and the remaining in the next year profit exclusive of the business earnings (22:35). Furthermore, another issue dropped was that the salary of Brett will not be reduced from $125 to $100. Besides, 70% share of profit for Randy was also dropped. Furthermore, another issue added was that the specific place to buy the food will not be selected alone by Brett, rather including Randy in the same being the partner (21:59). 6. Interests of the Parties and the Role of Mediator to Identify. The main interest of both the parties was to safeguard their own set of concern. As per the opinion of Randy, she was having lack of funds and thus wanted to cut down salary of Brett in order to recruit new staff for her assistance in cooking. Besides, Brett’s main intention was to get back her five-month salary at once. However, the mediator played the most vital role in the mediation conference by enabling both the parties to identify as well as understand their common interests. In this context, the mediator identified that the common interest was to develop the business and further ensure growth of the same in long run. Furthermore, another interest was to have a written agreement before starting the business again (24:05). 7. Role of Mediator in Generating Option for Settlement. The mediator played the most vital role in generating suitable options concerning the interests of both the parties. The mediator interacted with both the parties and thus suggested that due to the shortage of fund in business, two part time and two full time employees will be appointed or recruited (20:25). Additionally, considering the shortage of overall business funds, it was decided that the unpaid salary of Brett will be paid within the profits of two years respectively (22:35). Besides, another option for settlement was the written agreement between the parties that will signify contract for a period of five years (24:05). 8. The Role of Mediator in Assisting the Parties to Develop Interest-Satisfaction Option. The mediator played an indispensable role in communicating with both the parties and likewise developing common interests to reach into a mutual agreement. Besides, the decision of the mediator to caucus significantly assisted in ensuring that both the parties would negotiate under common terms. Also, interacting with the individual party also facilitated in greater understanding the interests and developing the options in such a manner that result into satisfaction amongst both the parties 01:02). 9. Caucus. (a). The main reason behind the decision to caucus was to develop in-depth understanding about the individual issues being faced by Randy and Brett, as per the information provided. In addition, the decision towards caucus also enabled the mediator to determine the possible solutions for resolving the identified issues that emerged within the parties and deriving final conditions for agreement. The main aim of the caucus i.e. to determine the condition for agreement between the parties was accomplished through effective communication as well as mutual agreement. (b). If caucus was not used, then the mediator would have kept the parties together in the situation for understanding and discussing the business issues being faced by them. Besides, another factor would have been to examine the personal interests of both the patties and likewise establish certain common forms of agreement. An example, which can be duly considered in the absence of caucus, is conflict between the parties while communicating and discussing the issues being faced. 10. Confidentiality. Before starting the conversation between the parties, it was stated by the mediator that confidentiality of information will be maintained (01:07). Besides, the information gathered will be destroyed after the end of the session, signifying further maintenance of confidentiality in caucus (01:26). Based on the entire conversation between the mediator and the two parties, it can be understood that there was no breach of confidentiality on the part of the mediator. 11. Final Agreement. (a). The main aim of the mediator was to integrate both positional bargaining and interest bargaining in order to derive the common forms of agreement. In this regard, the mediator helped the parties by enabling mutual conversation between them, which further facilitated determining the common and effectual terms of agreements. (b). In order to do reality test, the terms of caucus in the final agreement were framed in an effective way. The terms of caucus highlight the fact that the mediator will be liable to disclose all the conversations made with one party to another. This condition has further enabled reaching into common mutual terms of agreement. (c). Based on the conversation between the parties and the mediator, it can be ascertained that the agreement would be successfully implemented. The main reason behind the stated fact is that both the parties had mutually agreed to the common forms of contract, which will be in written format for having convenience as well as safeguarding the interests of both the parties (24:22). Furthermore, the agreement was also duly signed by both the parties, which revealed the fact that it would be effectively implemented (25:42). 12. The Role of Mediator in Case If Agreement Was Not Reached. In case, the parties were not found to reach an agreement, then in order to settle the same, an adjournment would have been arranged. Another solution to the problem can be by solving the issues persisting amid the parties through self-settlement along with contacting the concerned mediator to record the agreement conditions. Besides, in this case, the mediator might have taken a written statement from the parties. However, in case the above options fail, then the mediation would end and the matter will reach to the court for reaching an agreement (24:05). 13. Role of Mediator to Facilitate Negotiation. The mediator implements a number of strategies in order to facilitate negotiation and reach a mutual agreement between both the parties to ensure solving the dispute. In this context, the mediator facilitates maximum exchange of information between the parties that will be helpful in deriving appropriate agreement conditions. Besides, the mediator also used different communication tools in order to transfer more information. Based on the conversation, a few of the identified communication tools mainly encompass active listening by the mediator, restating the statements made by one party to another so to minimise the chances of errors in understanding the issues and clarifying both the parties. Furthermore, the mediator also facilitates the parties to restructure their statements and primarily focus on the main issue of negotiation. 14. Best Alternative to a Negotiated Agreement (BATNAs) and the Evaluation of Mediator. The mediator in this case evaluated the BATNAs of both the parties during negotiation in order to establish common form of agreement to solve the issues being faced. Firstly, based on the session, it can be highlighted that caucus has enabled brainstorming of both the individuals by the mediator, which thus resulted into deriving possible alternatives that are much supportive in forming a favourable agreement (01:27). Besides, the mediator further evaluated the BATNAs by interacting individually with both Randy and Brett in the room. Additionally, the interactive session with the individual parties had further enabled the mediator to rectify and understand the claims made while framing common terms for agreement. 15. Role of Mediator to Direct the Terms of Settlement. Based on the conversation, it can be affirmed that the role of the mediator was deemed to be important in establishing appropriate terms of settlement among the parties. Additionally, maintaining the confidentiality of information was also deemed to be vital for deriving settlement terms (01:27). Besides, effective communication with the negotiating parties through caucus was also effective in framing proper terms for the mutual agreement between the parties. Furthermore, facilitating equal and impartial opportunity to the involved parties to speak was another effective tool used by the mediator to direct the terms of the settlement. 16. Role of Mediator to Deal with Emotions of the Parties and Its Effect. The mediator was having positive emotion, which certainly enabled achieving the goal of the mediation conference. Besides, the positive emotion of the mediator has further facilitated in making the conversation between the parties more interactive. Additionally, in order to handle emotions of both the parties, the mediator judged the issues with full sincerity as well as commitment that imposed positive impact on the overall outcomes of the agreement. 17. Comparison of the Relation between the Parties at the Beginning and End of Conversation. From the conversation, it can be understood that the parties at the beginning were mainly focused towards dissolving the business partnership (11:17). Besides, the conversation at the beginning also reflected the fact that the parties only wanted to meet w their self-interests. However, after the end of the conversation, the parties agreed to the common terms of agreement and thus desired to develop a new operating plan for establishing the stated business in long run (23:11). The mediator mainly encouraged exchange of information between the parties as well as mutual interaction in order to reach common forms of agreement. 18. Neutrality. Based on the conversation, it can be understood that the mediator did not lose neutrality. Additionally, throughout the conversation, the mediator was sufficiently interactive with both the parties. More importantly, the competency skills of the mediator further enabled her to manage the issues being faced by the parties with mutually deriving appropriate solutions for the same. 19. Lesson from the Mediation and Effective Strategy for Next Time. The lesson learned from the mediation is that it enabled both the parties to solve their business issues efficiently through mutual agreement. Besides, mediation will be duly considered as one of the most effective means in solving any issue mutually without the involvement of any third party in the dispute that would further result into causing conflicting situations. CONCLUSION From the above discussion, the efficient role of the mediator can be understood with respect to derive mutual agreement between the parties. Additionally, the terms of agreement have been briefly discussed in the above section along with the issues being faced by both the parties towards meeting their individual interests as well as requirements. Besides, the role of the mediator in handling the emotions and adopting appropriate decisions regarding the negotiation has been elaborated in this discussion. Bibliography Golann, Dwight and Jay Folberg. The Role of Advocate and Neutral. Netherlands: Aspen Publishers, 2011. Print. Read More

 

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