How Does the Style of the Mediator Influence the Parties to Achieve Consensus - Coursework Example

Student Name: Course Name and Code: University: Tutor: Date of Submission How does the style of the mediator influence the parties to achieve consensus? Introduction The achievement of consensus among individuals with different mind sets can be highly challenging unless the mediator’s style is considerably effective in reconciling their differences about contentious issues. Notably, the style of the mediator plays an imperative role in developing consensus through guiding the group in weighing all the available options in an efficient manner before coming up with a workable solution. This paper seeks to establish the role of the mediator’s style in influencing parties to achieve consensus. In order to effectively address the above topic, this discussion will begin by defining the role of the mediator in order to establish the need to possess effective styles. Secondly, the paper will examine the nature and attitudes of parties in the process of negotiation before addressing the need for effective mediator style in addressing client needs. This will include a discussion on various mediation tools as illustrated by Fells (2009) and other scholars. Lastly, the discussion will address the importance of negotiation in the achievement of consensus and effective communication skills can improve mediators’ capabilities to solve client problems. The role of the mediator’s style in influencing the parties’ achievement of consensus Mediation has gained increased popularity in problem resolution in the contemporary world, hence the increasing demand for mediators. Mediation in essence encompasses the role played by a third party in influencing the achievement of consensus, where parties do not agree about a certain issue (Haynes, J and Haynes G, 2004, p. 1). It involves influencing the parties’ different points of view in such a way that an agreement can be reached, based on the best possible solution. It is highly imperative for the mediator to study and understand the nature and attitudes of the parties involved in order to effectively address their needs. The nature and attitudes of the parties seeking mediation is highly dissimilar, such that uniting their views may prove difficult unless the mediator possesses exceptional negotiation skills and a workable mediation style. Each party in the negotiation process has established their own views regarding a particular issue being discussed (Boulle, Goldblatt and Green, 2008, p. 108). Further, they can effectively offer supporting evidence regarding their point of view. This insinuates that bringing the parties involved to a consensus could present significant challenges to the mediator if they do not have proper negotiation skills. Furthermore, the parties are bound to have different attitudes about the views of the opposing parties such that they may not easily concur with them. According to Fells (2009, p. 81), negotiations are two-sided and therefore reaching a consensus may be highly challenging, especially where views vary greatly. It is therefore imperative for the mediator to possess exceptional style and mediation tools in order to effectively catalyse the consensus achievement process. The effectiveness of a mediator in helping parties to achieve consensus is determined by the style taken in addressing the problem at hand. The styles are dependent on particular settings such that the mediator must carefully select the style that best suits his or her purposes in addressing the problem (Nicotera, 1995, p. 269). The mediator’s style may typically involve helping the involved parties to reach a consensus or to empower them. While these approaches are different, they are both effective in mediation but should be carefully selected in order to deliver the desired outcomes. According to Boulle, Goldblatt and Green (2008, p. 79), improper selection of mediation style could lead to poor outcomes thus compromising on the efficiency of the mediator. Various mediation styles have been designed to address client needs with an objective of helping them achieve consensus. Commonly used mediator styles include bargaining vs therapeutic, evaluative vs facilitative and problem-solving vs transformative among other styles. Depending on the problem and the nature of parties involved, a mediator must be able to select the best mediation style to use in order to achieve the most desirable results. This therefore trickles down to the mediator’s capability; such that the adoption of certain styles as opposed to others could either solve or aggravate the problem. The discussion will begin by addressing the bargaining vs therapeutic styles before describing evaluative vs facilitative and problem-solving vs transformative styles. The bargaining and therapeutic styles seek to help the parties reach a consensus through trading off demands and rational problem solving respectively (Haynes, J and Haynes G, 2004, p. 118). The bargaining approach assumes that the parties involved know what they want such that the mediator’s purpose is to determine what mediations can be taken to reach a settlement (Engel and Korf, 2005, p. 41). Conflict in such cases often results from differences in interests. The mediator is likely to spend more time conducting individual sessions before settling the problems through trading of benefits. The therapy approach on the other hand aims at helping parties reach a consensus through their own settlement by encouraging direct communication (Wiseman, 1990, p. 1-5). It is assumed that the parties do not necessarily know what they want such that the mediator must help them in defining their real issues. Misunderstanding is often the cause of conflict and this can be resolved through rational compromise and discussion (Adams, 2003, p. 236). Identification of the nature of conflict therefore helps the mediator to adopt the right style to solve the conflict. The evaluative and facilitative styles are the most commonly used. Evaluative mediators aim at narrowing the discussion topics such that they tend to push for settlement through giving opinions on what is fair or what each party’s view is worth (Haynes, J and Haynes G, 2004, p. 163-165). The mediator then narrows the settlement range with the hope of helping the parties reach an agreement. Facilitative mediators on the contrary are less controlling such that they leave the discussion options entirely on the parties (Kirchhoff, 2008, p. 246). The mediator plays the role of facilitating the session. The problem-solving and transformative approaches focus on reaching an agreement and on enhancing empowerment respectively (Boulle, Goldblatt and Green, 2008, p, 108; Butler, 2004, p. 19). The problem solving mediation seeks to enhance a mutually acceptable dispute settlement through controlling the process, focusing on resolvable issues and avoiding disagreement areas. Decisions are nevertheless left in the hands of the parties involved. In the transformative approach, the objective is to seek mutual recognition and consequently achieve empowerment for the parties (Ryan, 2007, p. 18). In essence, it involves helping the parties understand each others’ points of view. The resolution of the problem may not be immediate but the parties can effectively define and solve their issues following a mediation session. The styles identified above must be effectively selected in order to achieve the desired outcomes depending on the parties’ and mediator’s objectives. In implementing these mediation styles, negotiation skills possessed by the mediator are highly important. The elements of negotiation play a significant role in determining the success of the mediation process as indicated by Fells (2009, p. 5). According to Fells, negotiation encompasses the concepts of trust, reciprocity, power, information exchange, outcome and ethics. Trust denotes the exception that assures the parties involved that the other party will undertake a beneficial act as opposed to an exploitative one. It is highly important for the mediator to build trust, more so where cooperative negotiation is involved. This will enhance quicker consensus and thus promote efficiency. The notion of reciprocity implies that the actions of one party tends to match or reciprocate the other party’s and is highly important during the process of negotiation. The mediator should be able to create reciprocity with a view of achieving consensus, through influencing the view of one of the parties involved. Power is of significant importance in the negotiation process. Power encompasses the alternatives that the parties involved can utilize. Fell (2009), describes power as ways other than negotiation that the parties could adopt in solving their problem. He refers to power as a paradox that signifies the consequences of no negotiation at all. The mediator may therefore aid the parties into achieving consensus through exploring various options that are available to the parties other than what they have identified themselves. This way, the negotiation can be based on fresh facts, where none of the parties has placed considerate thought, hence achieving consensus more easily (Haynes, J and Haynes G, 2004, p. 165). Information is the epicentre of negotiation such that lack of it could lead to undesirable outcome. Negotiators must effectively study the situation and based on the information available determine the effective outcomes for the problem presented. Information exchange in this case is highly effective as it helps in the establishment of possible solutions and alternatives. The final element is the outcome, which is significantly essential in the negotiation process. Fells (2009, p. 36) notes that while a win-win situation is often desired, this may not always achievable such that the alternative outcomes should be effectively studied to come up with plausible solutions. This denotes that the mediator must aid the parties in effectively designing alternatives that lead to desirable outcomes hence the importance of efficient mediator style. In order to enhance effective mediation, it is important for the mediator to possess effective communication skills so as to help parties reach a consensus more easily. The mediator plays the role of enhancing communication between the parties involved. This insinuates that the mediator must possess exceptional mediation skills in order to effectively help the parties involved reach a consensus. Firstly, the mediator must possess proper communication skills. These would come in handy in ensuring that he or she can understand what is being communicated by the two parties and that he can pass information to them with regard to how they should solve their differences (Fells, 2010, p. 145). Good communication skills encompass the possession of both written and spoken language effective in expressing oneself and passing information; listening skills and interpretation skills. Secondly, the mediator needs to possess excellent negotiation skills. These would mean that the mediator can bring a person into accepting his or her point of view without any major challenges. He or she should be able to put forth important points that support the arguments presented in such a way that he or she can influence the decision making process of the parties involved. This way, the mediator would be highly effective in bringing the parties to a consensus through instilling reason in them. Thirdly, the mediator should be highly sociable and have effective interaction skills. Conclusion This study undoubtedly establishes that the mediator’s style is highly imperative in influencing the parties to achieve a consensus. It can be established that the failure to select a workable style could significantly hinder the achievement of the mediator thus leading to undesirable outcomes. Style encompasses the approach used in the negotiation process, such that the mediator must establish whether they intend to bring the parties involved to an agreement or to empower them. The views and attitudes of the parties must be effectively studied before the mediation style can be selected. Overall, it is notable that the mediator needs to have efficient mediation skills which include proper communications skills, listening skills and negotiations skills. This would greatly impact on the effectiveness of the mediator’s style hence the need to perfect them. In conclusion, the mediator style is a significant determinant of the effectiveness of the mediator in influencing parties to achieve consensus. Reference List Adams, GW 2003, Mediating justice: legal dispute negotiations, CCH Canadian Limited, Canada. Boulle, L, Goldblatt, V & Green, P 2008, Mediation: Principles, Process, Practice, LexisNexis NZ Limited, New Zealand Butler, VF 2007, Mediation: Essentials and Expectations, Ashgate Publishing, London. Engel A & Korf, B 2005, Negotiation and mediation techniques for natural resource management, University of Minnesota, Minnesota, US. Fells, R 2010, Effective Negotiation: From research to results, Cambridge University Press, Cambridge Haynes, JM. & Haynes, GL 2004, Mediation: positive conflict management, SUNY Press, Albany, NY. Kirchhoff, L 2008, Constructive interventions: paradigms, process and practice of international mediation, Kluwer Law International, The Hague. Nicotera, AM 1995, Conflict and organizations: communicative processes, SUNY Press, Albany, NY. Ryan, S 2007, The transformation of violent intercommunal conflict, Ashgate Publishing, London. Wiseman, JM 1990, Mediation therapy: short-term decision making for couples and families in crisis, Lexington Books, Lanham, MD Read More