Conflict Resolution - Mediation 2 - Essay Example

Unlike arbitrators, the mediator has no legal authority of imposing any decision rules but relies on persuasion in order to reach an agreement to the dispute. The process involves confidential meetings with the participants where the mediator has no liberty to reveal what the participant said during the meeting without the express consent of the participant. The mediation process involves key steps which include the opening statement at the meetings, education phase, options (alternatives) generation phase, negotiation phase and closing phase (Billikopf 1).

The opening statement involves setting the rules of engagement like confidentiality requirements and ground rules of approaching the negotiation phase. The education phase of the mediation phase entails setting the perspectives of the dispute, the key needs of each disputant and feelings of each party to the dispute. At this stage, the disputants are required to relive themselves of any negative feelings towards each other and confidently state their desired outcome towards the dispute. The alternatives seeking stage involves brainstorming and searching for the viable alternatives of ending the dispute.

The negotiation parties explore the alternatives of ending the dispute at the negotiation stage while the final stage includes closing the dispute with the most viable and mutually agreed solution of settlement (Billikopf 2). Transformative dispute mediation style involves an opportunity for moral growth and empowerment of the parties to the dispute. The mediator will encourage the debate to the conflict and direct the process while adhering to the ground rules set by the parties. Problem solving mediation sees the conflict as a short term situation that needs a solution whereby the mediator acts as an expert in finding the solutions to the settlement.

The mediator can adopt a party controlled approach whereby discussions include broad questions and allowing emotions or an evaluative approach whereby emotions are limited and have authority to direct the discussions. Some principles to mediation include openness, balanced approach, resourcefulness, inspiration and tactfulness in approaching the mediation process. The mediator should remain impartial and neutral during the mediation process while disclosing any potential instances that may cause conflicts of interest.

The mediator should build confidence to the process by showing his confidence and trust which is demonstrated by his or her ability to smile, listen, remain tactful and build cordial relationships with all the disputants. The mediator should undertake the responsibility of ensuring no potential instances that contribute to conflict of interest which can jeopardize his impartiality and neutrality to the mediation process. Emotions such as anger, sadness and shame should be avoided during the mediation process since they may result to defensiveness or criticism during the mediation process.

During a party-mediated process, the mediator should conduct the mediation process in a manner which ensures competence and mutual respect to all the disputants. Some levels of resolution which are critical include the end to behavioral fighting, settlement of conflict issues, eliminating the emotional tensions and reconciliation of the outstanding disputes between the disputants. Party directed mediation is mainly useful when poor communication, and personality conflicts exist which threaten the ongoing interpersonal relations.

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