Integrative and Distributive Approaches to Mediation - Research Paper Example

MEDIATION Integrative and distributive approaches to mediation Integrative mediation is a co-mediation process that involves amental health professional and a lawyer both attend to the emotional and legal needs of the parties involved to help them find a solution that is mutually satisfactory (Moore, 2014). Both the lawyer and therapist mediator work hand in hand equally through every step of the case to ensure both the psychological, legal and emotional needs of the dispute. The parties involved in integrative mediation seek to achieve their goals with at the list cost possible. The mediators thus seek to help the people with dispute find the elements of the dispute that may not seem obvious to them. In this form of mediation, the mediators drive the conflicting parties’ attention to focus on what drivers of conflict exist in their situation (Moore, 2014). This enables the parties to understand overt issues and go beyond them to the deep root causes of the conflict that they may not understand including the parties respective position in the conflict. The abstract needs that the individuals in a conflict have are the interest that should be focused on at this. As such the mediation seeks to have a bargain that will satisfy these interests. The process, substantive, relationship and principle interests as ell need to be included in order for a successful mediation. An example of integrative mediation is the case of divorce where partners share the wealth and children have access to both parents. It does not consider the betrayal, heart break that made of the parties seek divorce. Distributive approach of mediation on the other hand can be understood as competitive mediation that where the parties in conflict seeks to distribute the pie amongst them (Moore, 2014). It is often described as a zero sum exchange since the parties tend to believe that whatever it is that one side gains the other side loses. It is therefore position focused where the involved parties move from position to another to reach an agreement. Several compromises based on the shifts in positions through the mediations take place until an agreement is reached. In the distributive approach of mediation, agreements are normally reached after a compromise leading to a mid point is achieved. This are typically from the first positions or demands set out by the conflicting parties in the onset of the mediation. However this offers made are considered reasonable by the other party in the conflict and as such may not consider any bargaining parameters for negotiation (Moore, 2014). An example is in the case of decision to be made by the government when in need to cut the budget for instance by 35%. This move puts jobs at stake due to reduced budget. Thus employees pay cuts can be a middle ground that negotiations can achieve to distribute the burden. Comparative Advantages between Distributive and Integrative Mediation Integrative mediation is more efficient since it is less time consuming unlike distributive model that involves a lot of dance. Secondly, integrative mediation results in to better solutions or better agreements given its focus on the needs of the parties in conflict. It is thus very creative unlike distributive mediation which involves concessions that have shifts in demands. Thirdly, integrative mediation involves a cooperative approach that preserves relationships unlike the distributive approach of mediation that has a lot of arguments that are competitive. Finally, the danger of arguments denials is reduced by the integrative approach unlike with the distributive mediation and as such both parties will view in a positive light the negotiations. Hearing and Listening Hearing and listening is not the same thing. Hearing can simply be understood as the act where an individual perceives sound through the ear. However, listening is something an individual consciously chooses to do. It involves concentration so that an individual’s brain processes the information in terms of its meaning from the sentences or words. As such listening leads to leaning. Additionally the differences between this two can be understood in the following manner. Hearing does take place when the atmosphere is disturbed by something which results in to vibrations transmitted to a person’s eardrum in form of sound waves. Thus hearing is the ability to perceive sound. Listening however is different. It is an expansion of hearing in the sense that whatever is heard is made sense of. It therefore calls for attention to encored and make meaning of what is heard. When listening, a person’s thoughts, imaginations, feelings and points of view, sensations and beliefs of an individual. Active listening constitutes paying attention with all the five senses of an individual. Further, an individual should maintain eye contact with the speaker, an appropriate posture leaning forward, mirroring the speakers expressions and avoidance of distraction. Therefore, an active listener will engage all their five senses of hearing, smell, torch, feel, and sight. Additionally, an active listener will show that they are listening. These can e seen in their body language and gestures through the conversation. The listener will node, smile and give gestures that imply understanding including encouraging the speaker with little feedback like: yes, alright among others. Further, an active listening will defer judgment and interruptions that will deter understanding of the information. Finally, active listening will constitute appropriate response in a manner that is candid, respectfully assertive and engaging. Mediator Neutrality Mediator neutrality can be understood as an ethical and necessary principle that ensures it is practical and possible to be neutral between two conflicting parties and at the same time act fair to both. This ensures that an individual in a mediation process is not talking any side or is not favoring either of the conflicting sides and as such is unbiased hence referred neutral. The Neutrality as an ethical practice is central to the ideas of fairness as well as achievement of justice in a dispute. If is further even more important to the mediation process legitimacy. It includes impartiality as one of its equality. Neutrality has the following advantages in mediation. They include providing opportunities for an early, direct and open communication making it easier for the conflicting parties to focus on the issues of conflict. Secondly, neutrality provides the legitimacy of the process and as such there is an inculcated trust on the media to guide the process. Third, neutrality enables the parties to maintain a good relationship after the negotiations. Confidentiality Confidentiality refers to the act of conducting an activity i.e. speaking, writing or acting in a manner that is in strict privacy and secret. As such the given action is limited to the authorized individuals and should be guarded from access by public. Confidentiality is important in mediation in order to ensure success of the mediation process. Advantages of confidentiality includes: provision of personal privacy on the issues of conflict between the parties and enables an easy negotiations without the fear of a reprisal from the public. Ethics Ethics can be understood as standards of wrong or right that are well founded as prescribed to be what an individual ought to do. They concern, obligations, rights, the societal benefits, fairness and certain specific virtues that man ought to do. For example the standards that enforce obligations of a mediator to be impartial and keep the matters among the conflicting parties confidential are ethics. Ethics therefore, as a virtue has the following advantages: firstly, it ensures the frameworks for decision making are followed according to the ethical system in the mediation process. Secondly, ethics will ensure systemization and recommendation of concepts of wrong or right. As such the mediation processes will ensure whatever actions taken during the negotiation are within the acceptable right or wrong. Reference Moore, C. W. (2014). The mediation process: Practical strategies for resolving conflict. John Wiley & Sons. Read More