Preparation for Mediation Exercise - Essay Example

Journal 1: Preparation for mediation exercise What I did (the process): We gathered information on how to prepare for a mediation exercise. We learned that for the purpose of this exercise, the mediator has to understand each of the disputant’s positions, each party’s possible interest, and the likely causes of the conflict. During our meetings we also noted that the mediator has to identify the likely risks that each party in the dispute is likely to face. Importantly, we identified the initial strategies or interventions that the mediator has to use in relation to handling the people involved, the mediation outcomes as well as the whole mediation process. To better understand terms used in mediation, we discussed some terminologies such as BATNA (best alternative to reaching a negotiated agreement) and WATNA (worst alternative to reaching a negotiated agreement). We then discussed on how we could improve or worsen the BATNAs. I enjoyed the various concepts of mediation such as the aspiration levels, the range of options such as what appears to be a good outcome for everyone, criteria that is plausible for everyone, the standards that would be applied in courts, and what is required to justify any outcome to the disputants. I found difficulty understanding critical issues in mediation such as the process of designing judgments, gathering the particular information required for mediation, and deciding who to be involved on the mediation table. The issue of timing for mediation also gave me a challenge. Next time I would like us to go over the mediation process again and analyze the best time to mediate. In particular, I would like us to discuss various types of conflicts and the best time to intervene through mediation Journal 2: Tackling difficult conversations exercise In this exercise we analyzed cases involving disputes between employees; in particular disputes between junior employees and their supervisors or management. We analyzed a case by Amanda who has worked for an organization for two years, but has been at loggerheads with the management due to her perceived below par performance. This led to her appraisal suggesting that her performance in the current year is below her performance in the previous year. We learned how to go about this case involving an employer and a disgruntled employee. In the second case we analyzed the relationship between Bob Smith and his employer, Sweatshop Pty Ltd. Bob Smith’s employment with the firm was terminated due to what the firm referred to as behavioural problems. The two cases served as good examples for us to understand what makes difficult conversations. I enjoyed learning that matters that seem complex can be solved by breaking them into sections and analysing them each step by step. In particular, I learnt that issues between employees and workers are usually very difficult to solve and first need to clearly heard and understood. Discussing the issues and assuming the role of the mediator in the two cases really worked for us as it helped understand the issues involved better. What I found to be difficult was listening to each party’s case as each seems to have a genuine reason for doing what they did. For instance, in the two cases we analysed, the management seemed to have reasons for taking actions the employees in questions, yet the employees’ were of the opinion that this was not justified. Next time I would like us to analyse more cases involving employees and their workers so as to understand how past matters have been dealt with. Journal 3: Business Dispute – Purchase of a Shop What I did (the process): This was one of the most interesting learning activities as it involved understanding the Trade Practices Act 1974 (Cth). In the conflict, John Hewitt bought an operating business from Ms Sanson after being convinced that the business’s daily takings reached $2,000.00 in cash. Yet when Hewitt took charge of the business he realized that that he could achieve an average daily taking of around $500.00 per day. In addition Hewitt linked the road constructions taking place near the business premises to Ms Sanson’s decision to dispose the business to avoid the inconveniences caused by the works. Hewitt seeks compensation for the losses he claims to have incurred due to deception by Ms Sanson and her company, Commestibles Pty Ltd regarding the sale. What I enjoyed regarding this case is the nature of contracts and agreements involved in sale. I liked our group members’ different points of reasoning as they would be very helpful during the mediations process. I however found it difficult to come with easy solutions to problems as complex as this one. This is because while Hewitt believed that Ms Sanson was deceitful, Ms Sanson has reasons to show that her business was in deed performing as she had informed Hewitt. What really worked for us was the reasoning from different points of view regarding the case. This would make the mediation process understandable. Next time I would like to delve into laws governing businesses such as the Trade Practices Act 1974 (Cth) as knowledge of such is important for the mediation process. Journal 4: Journal 5: Negotiation exercise In this exercise, we undertook a role play exercise involving a building owner and an insurance company that rents space in the building. I took the role of the building owner as my friend role-played a lawyer to advise me over the leasing contract with the insurance company. We discussed a number of issues including interest rates, how to deal with maintenance costs (especially with respect to sharing between the building owner and the tenant). As the insurance company was fond of subleasing the space it rented from the owner, we discussed on the possibility that could ensure that the building owner earns from this kind of agreement. We also looked at the deadlocks that could come on the table due to the fact that the building owner was of the view that no more space would be leased to the insurance company based on past commitments. I really enjoyed the role playing as it made the learning exercise look real. In addition, role playing made me grasp the areas of difficulty that could arise in any given negotiation. It is hard being involved with a hard negotiator as one has to be informed of detailed facts about the deal being negotiated. Further, I learned that a good negotiator has to be patient and willing to listen to the other party’s stance. What really worked for me was the fact that during the negotiations process new matters arise, which can help the parties to chart a new way forward, but without deviating so much from their initial of the negotiation. Next time I would like to do more role playing in a deal involving a different topic so as to better understand the various issues that are raised in different negotiating environments. Journal 6: Persuasion exercise In this case study, I learnt the factors that can lead to a case of persuasion. I noted that this occurs when parties fail to reach an agreement such that one needs to convince the other of the significance of acting in a particular way. I also learnt that when parties fail to agree, one of them may convince the other of the significance of involving a mediator. This is exactly what happened in the case we analysed. I found the experience to be very enlightening, given that parties may even after reaching a stalemate still seek the services of a mediator to make them come to a deal. Persuasion basically means that, that one party convinces the other to come to terms with its suggestion and the mediator can help the parties reach mutual agreement. The most difficult aspect of the case was coming up with a suggestion that can be used to convince the other party to come to a mediation table. This is because at the time of a stalemate in any matter each of the parties has its own stance, which they believe is right in its own way. What really worked for me was the fact that analysing any matter critically can lead to an amicable solution if the parties involves analyse the matter critically from different viewpoints. Next time I would like to discuss deeply how to go about a matter that has reached a stalemate, such that one party can convince the other or seek to involve a mediator. Journal 7: Relationship and custody issues In this case study, I learnt about matters that pertain to relationships and child custody. This was quite interesting as it touched on cases where people have children in more than one relationship. The case also dealt with issues of aggression and how they can affect families. This made me understand multiple issues including the needs for counselling and use of medication where aggression is involved. The most interesting part of the case was how understanding issues involved in relationship and how they affect individuals. In particular, I learnt that parents are entitled to 50/50 sharing of the child’s time with his or her parents. I can say that I found this case to the most challenging as it involved many parties and was therefore difficult to understand. The issue of dealing with it from different relationships was particularly more challenging. I felt that I really needed to read the case many times to understand it as the case did not particularly work for me. Next time I would like to have thorough discussion of matters involved in complex relationships and what the law says about the same. Read More