Influence of Mediation Style on the Parties to Achieve Consensus - Coursework Example

Influence of Mediation style on the parties to achieve consensus By Student #, Student first name surname In the world today there are conflicts between individuals, groups, organizations and industries where both parties stick to their own interests being achieved. Therefore a need for negotiation arises in order for the two parties to come to an agreement. According to Social Development Division (2003, 99), mediation is a tool of negotiation that uses a neutral and independent mediator to help parties in reaching a consensus. It is the only negotiation that is substantive between parties and their representatives or lawyers. Mediation takes place in a private place with no proceedings or records made public. It doesn’t decide for parties but only assists parties to identify an area of consensus and develop strategies that will help overcome any obstacles to the agreement. There are different styles or models of mediation which include settlement mediation, facilitative mediation, therapeutic mediation and evaluative mediation which are applied depending on the situation (Felles 2010). A mediator usually has no vested interest in conflict at hand and usually plays a neural role. Though mediators may have binding authority, they utilize persuasion, reason and alternative skills to produce results. The mediation process consist of two phases with the first phase where the mediator holds a conversation with parties separately to understand each party’s view and prepare them to meet each other in search of a solution (Abramson 2004). The second phase is where a direct negotiation between the two parties takes place, but the mediator facilitates the negotiation as a neutral party (Wilkenfeld 2005). This paper will discuss how the style of the mediator influences the parties to achieve consensus in the case of Neighborhood Mediation scenario. The mediation took place through a series of steps of mediation process as explained by Schrumpf (2007, 50). First, the mediator welcomed the parties and introduced them in this case the church and the Neighborhood residents (Boulle 1996). He facilitated the reviewing of the ground rules to be observed during the mediation process and monitored by the mediator. Participants’ roles were outlined and mediation structure explained to them. According to Hope (2010, 172), among the rules set to facilitated smooth mediation process, all relevant information is to be disclosed to the mediator and the parties. To ensure there is sound understanding, documentation and complex concepts should be simplified to the fullest. Participants may be given freedom to seek consultation and get more information from other people not involved in the mediation for approval. They are to refrain from characterizations and any personal attacks (Bredger 2001). Both parties need to respect each other by allowing them to present their ideas and solutions without interruption (Berger 2008-2009). Prejudice in everything disclosed during the session mediation is not permitted. According to Spencer & Brogan (2006, 114), each party is to be given an opportunity to present their views. Both parties are expected to develop criteria that will enable them reach a solution. They also need to thoroughly consider their proposed alternative and solution. Parties may also be free to request a caucus at any appropriate time (Cooley & National Institute for Trail Advocacy 2006). In any mediation, the mediator is expected to encourage the parties to communicate directly with each other and incase they are represented by lawyers; they are welcome at the mediation. A solution can be facilitated greatly is a lawyer has an understanding of the dispute history. The mediator may also welcome other people who are critical to dispute resolution to participate but he may limit the number of each party representative in order to prevent undue delay in reaching as resolution. The mediator also controls the environment in which the mediation takes place to prevent the parties from feeling threatened. In this scenario the mediator asked the children to be taken outside to avoid movement, screaming and making noise while the mediation proceeded. Security guards were asked to stand outside close to the mediation venue to avoid tension among the parties. The mediator then gave an opening statement outlining the parties’ role and demonstrated neutrality. He gave a comment on what he saw as the issue and confirmed the data after receiving case briefs (Randolf & Strasser 2004)). Second, the parties were given an opportunity to talk, with the party that requested the mediation going first and in this case the church. Normally, each party describes the dispute as they view it and no or little interruption is entertained. Rovine (2006, 100) explains that incase other parties have questions, they are asked to hold them until the speaker is done and are encouraged to write those questions and comments down. The church representative being the first to speak tabled its concerns of the harsh treatment it receives from the Neighborhood residents. It felt it was facing discrimination from the residents since most of them are of a different religion or faith. The church thought it was free to rent space to any organization without interruption of the residents and in any case all activities that take place in the church are for the beneficial of the community. The school and day care started was to assist the residents children go to school around home and parents could access their children easily. The Neighborhood Care, Inc is an organization that will help the mentally disabled in the area as well as the surrounding area. The church was very disappointed at the residents’ reaction as termed them as ungrateful. When the church was done talking, the mediator facilitated questions and answers to ensure that it is done in a smooth way. During mediation the second party is also allowed to speak in order to bring its side of view on the dispute. The Neighborhood residents’ representative tabled the residents’ concerns towards the church. The oppose the church’s idea rent space to Neighborhood Care, Inc a non-profit mental health organizations that provides recreational health services and counseling services to mentally challenged people. The residents feel their peace and quietness will be disturbed if another institution is located in the area. Insecurity will emerge due to mentally disturbed people roaming the neighborhood and threatening the residents. The other concern is that break-ins have taken place in the area and the church facility may increase rate of crime due and thus increase insecurity. Parking, traffic, and noise is also an issue that local residents raised caused by a new activity in the neighborhood and this will lead to the property value diminishing. The residents don’t trust the activities of the church as it went ahead to have a day care and Sunday school without involving them and ended up attracting strangers every time in the neighborhood. Neighborhood Care, Inc has not shown any commitment in provided full time supervision for the mentally disturbed patients it would like to serve. The residents suggested operation hours for the church and its proposed institution operate four days a week from 10 am to 2 pm with no activities on Friday and Saturday something that is not possible since the organization need to work everyday and every time to serve anyone who comes in at any time of the day. The parties are free to give any evidence or supporting material to the case but only if they feel it would help the other party understand its interests. Vranken (2006, 111), while the parties talk they should not try their best to convince the mediator but the each other because they are the ones who determine the mediation results. The mediator gathers information as the parties talk and get to their emotional state by asking them open-ended questions. Key ideas are repeated to the parties and summarization done more often. This enables the mediator to build a rapport between the two parties. The mediator tries to identify the problem and find the parties’ common goals. He then analyzes the situation and comes up with issues that can be settled (National Association of Legal Assistants 2009). Third, the journey to reaching a consensus began as the mediator took both parties through it. The mediator may propose alternatives then the parties discuss and improve on them. Ones the parties are committed to reach an agreement; the mediator proposes a session of brainstorming (Butler 2004). When suggesting potential solutions, the parties may be asked by the mediator to be as creative as possible whether the alternative suggestions seem practical or not. Parties may begin concentrating on the options that are more promising as the session develops, and ensure they are developed to solutions that are practical. As the session goes on the mediator may be observing deadlock areas. Weil et al (2007, 81) explain that mediator may meet each party privately (to caucus) to discuss issues that are more difficulties and also provide a safe environment for parties to brainstorming and table their fears. The session’s objective is to find a common ground for both parties to explore as many options as possible and to surface any solution for them to brainstorm on (Blanchfield 2007). As issues are dealt with, both parties are brought together to bring negotiations to a final lap and agreement will definitely be reached. The church and the Neighboourhood residents went through the brainstorming session and finally came to an agreement. It was agreed that the church is free to rent space to Neighborhood Care, Inc and any other institution as long as it can consult with the local residents committee. Both parties agreed that the projects and initiatives of the church that include the day care, school and even the organization which cares for mentally disabled is for the good of the community and that the community should look at it in a positive way. Change is bound to come but managing the change collectively and efficiently is what both parties were to be committed to do. A wall was to be built round the church premises in order to prevent noise within the premises from affecting the residents. The church was asked to cooperate with the area police commissioner and the residents committee to establish strong security for both of them. The church was to provide parking for its clients and collaborate with the police to ensure that there is no time traffic builds up in the neighborhood. All mentally disturbed patients were not allowed to go out on their own and incase this happens, the residents were cooperate by calling the organization immediately. Finally, it can be concluded that the style of the mediator was successful in settling dispute between the church and the local residents. Before the mediation their issues of agreement had come to a deadlock where no party was willing to compromise. The style of mediation used was settlement mediation. This focuses on what parties want and the mediator determines the bottom lines of the parties in order to reach a compromise. Disputes are defined based on the parties’ self-definition of the problem. The types of mediators used are high status who can either be a lawyer or a manager and there is no necessary expertise in the needed in the process, skills and techniques of mediation. The mediation style is understood by parties, it is culturally accepted, it isn’t difficult to conduct or do and little preparation is needed. However, it overlooks the needs and interest of parties. It is also difficult to cross last gap and can easily be manipulated through initial exaggerated claims (Hinchy 2). This style can also be applied in commercial, personal injury and industrial disputes. The church and the residents were able to come to a consensus and let go of one thing for the sake of the other and met at a central point. Mediation was able to help them see each other’s point of view and see it from a positive direction and thus created a new relation. Mediation assisted the parties to develop sound options for settlement. The mediator assisted them to clarify their objectives and facilitate consideration of alternatives. Unlike before when the two parties could not even agree on a single suggestion by themselves, the mediator was able to provide a safe environment for negotiation through his communication control and direct. Discussions that are unproductive were avoided and proposals were communicated if only they were to assist in leading to settlement. The mediation style is in a resolution-based format and allowed parties to convey their proposal to the mediator privately in a caucus to allow themselves to explore options of settlement fully. The mediator took an impartiality position because he had no vested interest in the conflict results between two parties (Da Silveira 2007). He contained, resolved and prevented conflict as well as builds a bridge between the parties. He also acted as a detective by digging up the motives of the parties. He assisted to equalize the unequal situation that was there between both parties and enabled them to trust each other. He also provided understanding and confidentiality to both parties and helped them see the possibility of communication with each other and gave them an encouragement that a solution can be found. When the parties saw the problem as a complicated one the mediator reframed the conflict as a common one. He created an environment where emotions can freely be expressed and management. Mediators assist the parties to clarify options and issues and encourage them to be clear about what they need and what they can provide. 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Exploring the jurist's frame of mind: constraints and preconceptions in .., Kluwer Weil, RL, Frank, P, B, Hughes, CW & Wagner, MJ 2007, Litigation Services Handbook: The Role of the Financial Expert, 4th edn, John Wiley and Sons Wilkenfeld, J 2005, Mediating International Crises,Routledge Allan H. Goodman (Author) › Visit Amazon's Allan H. Goodman Page Find all the books, read about the author, and more. See search results for this author Are you an Author? Learn about Author Central William Ury (Author) › Visit Amazon's William Ury Page Find all the books, read about the author, and more. See search results for this author Are you an Author? Learn about Author Central Read More