The Skill of the Mediator in Managing the Mediation Process - Coursework Example

Name : xxxxxxxxxxx Institution : xxxxxxxxxxx Course : xxxxxxxxxxx Title : The skill of the Mediator in Managing the mediation process Tutor : xxxxxxxxxxx @2010 The skill of the mediator in managing the mediation process is the key to reaching an agreement the parties can live with Introduction Mediation is unofficial process where by two groups with or without their lawyers, sits down with a sovereign third person, acknowledged as a mediator. In this instance the church and the neighbour to the church are the two groups who are in a conflict and when they involve a third party to help them resolve their, conflict this person or persons will be known as mediators. The mediator plays the role of a facilitator to assist the party’s center on the issue and provides sensible and satisfactory solutions to the both sides. In this case the church and the local community will be involved in mediation where they will try and resolve there disagreement (Deborah 2009). Conflicts can be avoided, discussed out, negotiated, arbitrated, adjudicated, resolved by legislation, by political action, or by violent force. The mediator has greater advantages against the other ways of resolving a conflict. By using a mediator, parties to an argument may decide to choose mediation as a less costly route to pursue for quarrel resolution. Since under these circumstances the conflict involves two parties, that is, the church and the local people, they have decided to involve I as a mediator to negotiate and resolve the conflict. It is to my knowledge that both the parties have agreed to use the facilities of a mediator to help resolve these conflicts. I appreciate your kind and informed decision to involve me as your mediator to help resolve the conflict, I am an independent mediator and I am defined through impartiality and fairness. I don’t possess any relations with either of the parties. I comprise no past relationship to the members involved, and I have been hired via the joint choice of the members. Independent mediators look to assist the parties come up with voluntary, equally suitable solutions. I do not have any past relations with either the church or the locals therefore I am impartial and want to use the best of my knowledge and thorough discussions to help resolve this conflict. Mediators of different kinds illustrate ahead of two wide classes of strategies: general policies and conditional tactics. General policies are types of interventions with the aim of mediators utilize in almost all conflicts. They take in devices for analyzing the argument, planning the conciliation, identifying parties' benefit, facilitating parties' discussions and assisting them create proposals. They are also involved in coming up with agreements and increasing implementation diplomacy. A key arbitrator movement is to discover the causes of the disagreement, and to put up a suggestion on how the argument may be resolved (Monk 2000). Dependent tactics can be those used to hold the special tribulations that may arise throughout discussions. Contingent strategy can be used to deal with such harms as value clashes, control imbalances, unhelpful patterns of communication, tough emotions, propaganda and conflicting analyses. As the mediator I cannot impose a solution to either of you. I will only facilitate the process. I will ensure that the meeting goes well uninterrupted and any information that needs to be kept private I will ensure that it is private. And since I was chosen by the two parties, I will favour neither of the groups but will guide you where I feel it is necessary (Ethan 1995). I will be responsible for coming up with the timetable for the meeting in which I will create times for the meetings. I will also come up with an agenda and set the ground rules that all the parties can accept in order to be able to be well engaged in the discussion. There are some rules that have to apply in any meeting. You will be required to speak in turns and every individual will wait for his/her turn, no member of these meeting is allowed to talk to the press until the meeting is over, I promise to update participants as to the entire process of negotiation. I will take the minutes of the meeting and will inform the press of findings after the meeting and also inform both the parties the conclusion of the meeting (Ethan 1995). The first meeting starts today and we will start by a brief introduction the two groups in disagreement are the church and the neighbours to the church; that is, the people who live in the surrounding. The cause of the conflict is as a result of the church introducing an organization for the mentally retarded which the locals feel that it will interfere with their normal lives. The group representative will be given a chance to state there case then give a chance to the second group for it to answer back, we will start with the local community representative, after he/he is through, the church representative will give answers to their issues or raise a discussion .The neighbourhood Inc. will also help the church in trying to offer solutions to the neighbour’s grievances since they are the ones who will be coordinating the organization (Monk2000). Neighbours’ representative. We as the neighbours to the church are worried about the establishment that the church has come up with. We understand that the church wants to start an organization that will be providing services for the mentally retarded. Some of them who have just been released from the mental hospitals. It is normal for us as the locals to know how the mentally retarded behave and how they feel frightened at the introduction of such an organization in our area of residence. That is why we feel obliged to stop this organization from being established in our area. As members of the neighbourhood we held a meeting and came up with some demands. The neighbour’s suggested that the church should not be allowed to lease its space for the use that will disturb the neighbourhood, most of the neighbour’s have lived in this place for over 25 years and they deserve some peace. Mediator: The church representative what do you have to say? Church representative: As the church we assure you that we will not interfere with your peace and we will try our best to maintain peace in your locality as long as you give us a chance to establish this organization. It will be of help to some people who are homeless and as a church it is our responsibility to take care of them. I believe with the assurance of the church not to interfere with your peace you will give them a chance and I will request the church to make sure they honour their promise. Neighbours’ representative. The neighbours feel that the mentally retarded people will pose danger to them since there are some elderly people in the area and they may not be able to provide protection for them incase the mentally retarded people attack them. We do not deny the church to take care of the patients but not at our expense. Church representative: The church and the neighbourhood inc. International assures you that they will always have a trained counsellor at hand and a trained psychiatric nurse on call. Therefore incase some of the patients decide to elope you can call and they will be restrained . Neighbours’ representative: We feel that the introduction of the organization will lead to insecurity and increase the rate of crime and will be unsafe to walk in the neighbourhood. Church representative: We promise to restrain the mentally retarded people. We will ensure that the church compound is well fenced and that there will be enough surveillance to make sure that the patients do not leave the compound and pose danger to the locals. Neighbours’ representative: We are opposed to any new activity in the neighbourhood that will increase parking and traffic hazards, increase noise levels, and diminish the values of our property. Church representative: The church will try to increase its parking space to be able to offer enough parking to its members and make sure no people park outside the church compound. Neighbours’ representative: The church in the past, has expanded its activities ranging from Sunday schools and day cares without involving or consulting us and we feel these is unacceptable because they park in our neighbourhood and interfere with our privacy . We insist that no other activities be allowed without our discussion. Church representative: The people who are leaving the mental hospitals have been neglected and we feel as the church that you give us an opportunity to provide a home for them. Mediator: The organization, Neighbourhood Inc., has assured us that they will do their best not to interfere with the lives of the locals. Neighbours’ representative: We feel that the church is not equipped enough to provide for the health services. We feel that the organization and the church will not be able to take care of these people. If the organization is important then why doesn’t the government give the organization a piece of land elsewhere. We are prepared to go to court if we do not come to an agreement. Mediator: As the mediator I feel that will not be necessary because I believe we will be able to come to an agreement. Going to court may not be a solution because a case that is filed in court, the members will acquire a declaration, but a solution forced upon the members by the judge. The effect probably may leave neither party to the disagreement entirely happy. In mediation, the parties encompass control above the resolution; the resolution may be able to be exceptional to the disagreement. Frequently, solutions developed through the parties may be one that a judge or panel of judges might not provide. Consequently, mediation is likely to make a product that is jointly agreeable, for the parties. And as the result is achieved by the parties functioning together and is equally agreeable, the fulfilment with the mediated concord is usually okay. This may also results in less expense as the parties may not have to look for the help of a lawyer to oblige agreement with the contract. The mediated accord is, nonetheless, copious enforceable in a courtyard. So I suggest that the best thing is to continue with our negotiation. The church representative what do you have to say. Church representative: Neighbourhood care, inc. is greatly regarded as a non profit making mental health organization that is meant to provide recreational and also counselling services for the mental patients. It also offers help to the local residents. They have been licensed by the state department of mental health. They have three facilities in operation in the neighbouring towns. The organization proposes to operate its planned activities from 9am to 9pm. for six days in a week. The organization also expects to offer counselling for 10-12 clients in a day. They are also going to start offering recreational activities for about 20-30 clients every day from around 3am to 9pm .The church sympathizes with mentally retarded teenagers and adults since they feel that they have been left out and no institutions are being established to take care of them. They need to be taken care of well and be provided with a comfortable life as well. The organization will also be serving members of the surrounding area. The church has also lost a lot of its members in the past; the members have dispersed to other areas. Residents of various communities resent to the establishment of facilities that are aimed at helping and taking care of the mentally retarded people. We expected this to happen and we do not see any reason to negotiate with these selfish people, who only think about themselves and their own interest, and as the church we are prepared to face any abuse, and we also insist that this is an essential service that must be established. Mediator: I do not think your words are kind enough and for us to be able to resolve the conflict you must not speak with such finality since your decision is not final. We have heard most of the grievances and I would like both the parties to hold a little consultation to try and come up with a decision. I will now allow the neighbours representative to lay their verdict after having considered all the issues that we have discussed in the meeting. Neighbours’ representative: We have reached a conclusion that if the organization is going to be established then we insist on coming up with some severe terms and conditions to protect our surrounding and be able to live in peace. Hours of their operation must be limited to 10am to 2pm for four days in a week and no activities should be carried out on Fridays or weekends. We will not allow more than 30 people in the church at any time. This will help reduce the noises from the church. Cars should only be parked within the church parking lot only. No cars should be parked in our parking lots and finally the church will take the responsibility of all damages that will be caused by the strangers in the neighbourhood. No noise or garbage in our neighbourhood. Mediator: The church do you agree to these rules? Church representative: We appreciate that the neighbours have given as a chance to see to it that our organization is established. However, we do not agree with some of their conditions and rules. We request the neighbours not to dictate on the time of our operation. Regarding the case of being responsible for the damages, we must first of all investigate and know that it is our member who has caused the damage before taking responsibility. We can not be responsible for all the damages even those that are caused by criminals. Mediator: The neighbours, can you adjust some of your rules and may be consider their suggestions, for instance, the time of operation. It may affect the time of operation. Could you please review it? Neighbours’ representative: Our main problem is the need for a safe and secure surrounding if they assure us that they will stick to there promises and as long as they do not interfere with our safety. Mediator: The church do you agree to their demands? As the church we agree with their demand and promise to honour them. Since we live in the same surrounding we need to create harmony. We have come to an agreement and I have written the terms of the agreement and the representatives of both the church and the neighbours need to sign the agreement. Both the organization and the neighbours need to have a copy of the issues discussed. This will help in solving any form of conflict that may arise in future. Terms and condition should be strictly adhered to. Bibliography McGauran, Sir Ian, 1999, conflict resolution and mediation, Pan Books, London. Zutter, Deborah, 2004, Preliminary Mediation Practices, Bond University, Australia. Boulle, Laurence, 1996, Mediation: Principles, Process, Practise, Butterworth’s, Sydney.  Ruth, Charlton, 2000, Dispute Resolution Guidebook, Prymont, New South Wales. Lancken, Stephen, 2000, "Mediation in the Shadow of Abuse". The Advocate 867.  Boulle, L, 2005, Mediation: Principles Processes Practice, LexisNexis Butterworths. Australia. Cremin, H., 2007, Peer Mediation: Citizenship and Social Inclusion in Action, Open University Press, Maidenhead. Charlton, R, 2000, Dispute Resolution Guidebook, Star Printery Pty Ltd, Erskineville. Domenici, Kathy, 2001, Mediation empowerment in conflict management. Prospect Heights, IL, Waveland Press, Inc. Folberg, J, Taylor, A, 1984, Mediation: A comprehensive guide to resolving conflicts without litigation, Jossey-Bass Publishers, San Francisco. McConnell, J, 2001, Mindful mediation: A handbook for Buddhist peacemakers. Buddhist Cultural Centre, Dehiwala. Schellenberg, R., Parks-Savage, 2007, Reducing levels of elementary school violence with peer mediation. Professional School Counseling, Legan, Newyork. Sourdin, T, 2002, Alternative Dispute Resolution, Law book Co, Pyrmont NSW Spencer, D. & Altobelli, T, 2005, Dispute Resolution in Australia. Cases, Commentary and Materials. Ligare Pty Ltd, Riverwood. Winslade, J. & Monk, G, 2000, Narrative Mediation: A New Approach to Conflict Resolution. San Francisco Cremin, H, 2002, Peer mediation: citizenship and cultural inclusion revisited. Open University Press. Simkin, W. E, 1971, Mediation and the Dynamics of Collective Bargaining, Bureau of National Affairs, Washington DC, Ethan, Katsh, 1995, Law in a Digital World, Oxford University Press, New York. Coogler, 1978, Structured Mediation in Divorce Settlement, Bass pub, Sanfrancisco. Read More