Mediation in the Federal Court System - Essay Example

The whole world is preoccupied with education; increasing population in schools comes with ethnic, social and cultural heterogeneousness of students and staff; which presents conflicts between persons and between groups. Traditional methods have existed to solve this; such as disciplinary action. Mediation in educational institutions can help promote interactions by preventing and solving conflicts. It can be done by establishing official structures that enhance negotiation as a key solution approach or by preparing many champions of mediation in the school system, who will promote mediation by either living the examples or applying the concepts learned in amicably resolving conflicts among colleagues. (Warters & William, 47)

Mediation in the Workplace

Workplace mediation presents an avenue of boosting an organization’s productivity, profits, and performance by promoting employee morale and teamwork spirit and also ensuring that valuable employees are retained. It is a cost effective, but very crucial tool of settling the prevailing ordinary and complex disputes that come up in the workplace, including compensation, discrimination, management, harassment, work performance, cultural diversity, change management, termination and conflicts between individuals or groups. The company may hire an external impartial and independent mediator to carry out the process whenever such conflicts arise. (Doherty, Nora, & Marcelas, 26)

International mediation

The world has seen one intractable conflict after another, and these have been part of it for quite long. These are conflicts that are intense and seem nearly impossible to resolve or even de-escalate. With these conflicts, international peace and security are at great risk. Of all the means of ameliorating them, mediation can produce phenomenal results. The mediator, having carefully heard and analyzed the grievances of both parties, will plant meetings, first individually and then with both of the conflicting parties. (Alexander & Nadja, 132) Examples of these have been seen when, in 2008, Kofi Annan, the then U.N. secretary-general, mediated a deal between Raila Odinga and Mwai Kibaki in Kenya, to end a three-month post-election violence that left thousands dead. (Onsongo & Jane, 125)

Mediation Models (and their pros and cons)

The following are the four different major models of mediation:

1. Facilitative mediation: Introduced in the 1960s, it involves a mediator who helps the parties come to a solution by asking questions while also normalizing and validating the different party’s points of view. The mediator, however, doesn’t make recommendations and leaves it upon the conflicting parties to configure a solution.

2. Evaluative mediation: This involves a cost/benefit analysis of the factors at hand. The mediator, usually an attorney or judge, meets the parties separately, telling them of what might be the outcome if the case goes to trial. This naturally leads the parties into figuring out a solution for their differences.

3. Directive mediation: This is a type of evaluative mediation where the mediator, often an expert, collects probable facts, arguments, and evidence, the issues their opinion and recommendations, persuading the parties to negotiate.

4. Transformative mediation: This model of mediation is based on the feeling that conflicting parties are the ones who are best placed to come up with a resolution for their differences. It emphasizes recognition and empowerment; the mediator encourages the parties to properly express themselves and to understand the reasons for their counterpart’s actions. It is thus an informal, neutral, fair and fast method of resolving conflicts. (Moore & Christopher, 256)

Pros and Cons of the Various Models

The proponents of transformative mediation accuse their facilitative and evaluative counterparts of exerting too much pressure on the parties to come to a solution. On the other hand, users of evaluative and facilitative mediation express the feeling that transformative mediation is too lengthy a process to come to a mutually accepted solution. (Moore & Christopher, 256)

Online Mediation

With the rising population in the world, more conflicts come up. Exploiting the modern technology, a series of online firms, CyberSolve and Cybersettle have come up with online mediation techniques; where the companies play middlemen in mediation processes. One party contacts the company, and the company the contacts the other until an amicable solution is reached. (Moore & Christopher, 256)

Effects of Cultural Differences in the mediation process

Carrying out the mediation process between culturally diverse individuals can prove an uphill climb. Very little might be common between the parties, which is a big blow to understanding between the parties. Without a proper understanding of intentions and reasons, reaching a solution may prove a difficult task. (Campbell & Dennis, 165)

Ethical Standards, Qualifications of a Mediator and Controversies Surrounding Mediation

1. Qualifications: To be a fruitful mediator, one needs to be composed, adaptive, credible, alert, patient, and presentable and should persevere and have good workable incentives.

2. Codes of Conduct: Mediators are required maintain such traits as self-determination, impartiality, competence, confidentiality and provide quality service at reasonable charges. ("Traits Of A 'Mediator'")

3. Controversies: Today, the U.S. government has involved stakeholders in high-end negotiations of whether or not to register mediation as a profession. Also, since most mediators are lawyers, it is questioned whether the codes of conduct that govern lawyers should follow the whenever they mediate. These among other controversies still means mediators cannot register their businesses. (Hopt, Klaus J, & Felix, 302)

Conclusion

Mediation has become an indispensable tool for non-violent conflict resolution in the modern society. It is understood in a wide sense, but essentially, mediation is a preventive process. The ideal mediator, just like a prophet, has a sense of expectation and creates a platform that gets communication restored, thus solving a stubborn puzzle; conflict.