Balanced Mediation Model for Resolving a Divorce Case - Assignment Example

?Balanced Mediation Model for Resolving a Divorce Case Conflict is defined as a serious argument or disagreement and meditation is defined as a negotiation to resolve differences that is conducted by a third party called mediator (Hicks, 2013). The relation between conflict and mediation is that when a conflict occurs and it cannot be solved so a third party comes in to solve that issue and that third party is known as mediator and the process is known as mediation (Doherty, 2013). Mediators are lawyers, social workers and psychologists that have training in mediation (McCorkle & Reese, 2005). In this assignment, we will discuss about conflict and mediation and the relationship between conflict and disputants. A conflict scenario of a divorce case in which a mediator is involved and who solves the dispute using a Balanced Meditation Model and its phases will be discussed. Collins, Graham and Flaherty (1996) provided an alternative framework for evaluating mediated relationships. They defined the mediated process as a process in which a chain reaction that is beginning with an independent variable which affects the mediator and that mediator affects the outcome. Some other definitions of mediation are also discussed here such as the independent variable that affects the probability of transition into the mediator stage and the mediator affects the probability of a transition into the outcome stage at every level of the independent variable. The definition of mediation is compared by the definition for continuous variables by Collins, Graham and Flaherty (1996). According to this article, mediation takes place when an independent variable exerts its effect on the dependent variable primarily through a mediator’s variable. In this article the definition which is stated by Baron and Kenny (1986) is taken as evaluation criteria for the alternative definition which is made by Collins, Graham and Flaherty (1996). The alternative definition which they made for mediation is the something will first establish his effect on the mediator and the mediator will in turn affect the outcome. The definition of stage sequential mediation is defined as a stage which involves an independent variable, a putative mediator and an outcome. Following the case of stage sequential mediation, mediation is described in following steps that first there will be a treatment or prevention program which in turn increases the probability of refusal of a drug offer. The scenario for the conflict and mediation case starts with our routine life, when one starts taunting another, initially, the first person will let the second person say whatever he wants to say but then he will stop listening and become irritated. Eventually he will start fighting because now he wants that the second person stops talking and listens to what the first person is saying but the second person has become so much stubborn that he does not care what the first person is saying and this leads to divorce. Similar circumstances occurred in the following story that a married couple where the husband and wife both worked but the wife was earning a lot more than her husband. After few months of marriage, wife started taunting her husband about his low salary as compared to hers. Later on, the conflict begins because the wife starts disturbing her husband in every aspect of life and making his life miserable. This totally disturbs the husband but at initial stage, the husband only listens to her comments without saying a word. Later on the husband becomes aggressive to his wife and both starts fighting. This fighting only worsened and led to the decision to divorce each other. Husband and wife both were now ready to leave each other and at this stage, the mediator who is the head of the families of husband and wife came in the matter of divorce and he puts his full force to stop the process of divorce and start the process of mediation. The mediator (head of the two families) uses the Phased Balanced Model of Mediation. The stages involved in balanced model of mediation are: (1) Opening statement, (2) Story telling; Issue identification and establishing commonalities, (3) Agenda building, (4) Negotiation and problem solving, (5) Testing the agreement and writing the settlement agreement, and (6) Closure. In the first stage of mediation, the mediator will set a positive purpose of mediation like purpose of cancelling the process of divorce between the disputants. Then the mediator will set ground rules for instance, not interrupting when someone is speaking, the mediator will ensure the two parties about their confidentially of the matter and respect given to the two parties from the mediator and explain the phases of mediation to both the disputants. Using the above scenario, the mediator who is the head of the two families will let the husband and wife understand the usage and implementation of mediator, then he will set some ground rules so that both the disputants does not create conflict with each other. The mediator (head of both families) will ensure confidentially of the matter and will not take side of one disputant and after that the phase of story telling starts. At this stage of Story telling, Issue identification and Establishing Commonalities, the mediator will ask the disputants that what they think is the main problem and what is the best solution for this problem. After that the mediator will ask first disputant to tell the whole problem in his words without giving any suggestions in it and cross talking. In other words, tell a precise summary of the main problem. Then the second disputants will discuss the whole problem to the same mediator. The mediator will ask open ended questions from both the disputants to get the complete and detailed information of the conflict. The work of the mediator here is that he has to remain quiet, observe the two parties gestures and feelings and most importantly listen to the two disputant’s problems and conflicts. Then the mediator will move in the next step i.e., issue identification in which the main issue is identified that is causing conflict between the two disputants. After listening two stories of the two disputants, the mediator will establish commonalities between the two told stories. Through this step, the mediator will correctly get the answer of the main reason of conflict between the two disputants. The mediator will take notes to remind information to him about the main problem. Using the above scenario, the mediator who is the head of the two families will let both the disputants to tell their stories in a way that one disputant can tell their story at a time. No one can interrupt this process. The mediator (head) will make notes to write down the main points of the conflict. Then the second disputant can tell his story. The same process of mediator can be done here. The work of the mediator (head) is to listen in the whole story quietly and notices the emotions of the disputants in the overall process of story telling. Now the mediator alone has to do all the work. The work is: issue identification in which the mediator will find the main reason behind the conflict. In the above scenario, the main reason is the increased pay of the wife. The wife taunting to husband is also one of the reasons behind the conflict of the husband and wife. After getting the main conflict reason, now the mediator will move in the third step i.e., agenda building in which he will set up a scheme through which the conflict will be resolved. But before this step, there is a small step that the mediator will ask both disputants their requirements and needs. After this, the mediator will setup some options to resolve the conflict. The options chosen by the mediator have the same purpose and are very much same to the solution of the two disputants. Using the above scenario, the mediator who is the head of the two families will build a scheme or strategy through which the conflict will be finished. In the following case, the mediator will try to control the feelings of wife because it is clear that if the wife controls her intentions and emotions, their relation can get better. The strategy used in this case is by problem solving. Kenny and Jodd (2013) presented an article which shows the rational and procedures for conducting an analysis in evaluation process. They tried to identify the process that mediates the effects of treatments. They found this answer by estimating the parameters of casual chain between the treatment and outcome variable. Two procedures like multiple regression and Linear Structural Relationships by the Method of Maximum Likelihood (LISREL) were used for estimating mediation are described in this article. At last, the benefits of process analysis in evaluation are shown. This article found three conclusions, the first conclusion shows that the outcome variable is being affected by the treatment, without the treatment effects, a casual process cannot mediate and effect of the treatment variable is cancelled out by the mediating process. In the conclusion two, it is found that each variable found in the casual chain affects the affects the variable that follows the chain. According to the example, the knowledge affects the behavior when the treatment is controlled state and the behavior affects the outcome variable when both the treatment and knowledge variable are in controlled state. The third conclusion shows that the treatment exerts no effect on the outcome variable when the mediating variables are controlled. In the fourth step towards the mediation process is negotiation and problem solving. In this step, the mediator will ask separately both the disputants to do brainstorming and come up every idea that comes in their mind for the solution of conflict. Then the mediator will make criteria at which he will judge all the ideas given by the disputants. The criteria made by the mediator will fulfill all the needs of the two disputants. After this, the mediator will ask the two disputants the first technique to solve the conflict is to negotiate. In some cases, both the disputants do not agree in negotiating with each other. The second technique in solving the conflict between the two disputants is by problem solving. In the problem solving technique, both the disputants are forced to change their views and feelings towards the other disputants. Through this process, both the disputants are agreed to change their attitudes and feelings. Using the above scenario, the mediator who is the head of the two families will ask both the disputants to conduct a brainstorming session. In the brainstorming session, the disputants are asked to search their mind for the best solution of the problem. Speak whatever comes in their mind and then the mediator (head) will make an evaluation process through which all the ideas will be passed and then the ideas which are irreverent are removed from the list of ideas. Only some ideas will be left which will be possibly the solution of the problem. The ideas are that the wife should control her feelings and intentions as this is the best answer for the question. Kolodner & Simpson (1989) used case based reasoning to improve problem solving behavior. Case based reasoning is defined as the reasoning method that capitalizes on previous solving experiences when solving new problems. The methods used by case solving to improve problem solving performance are by providing reasoning shortcuts, and by providing a focus on reasoning. According to the research done by Simpson, the major processes involved in case based reasoning are remembering and adapting. He uses mediator’s processes in later case based problem solvers. The aspects of case based reasoning for the mediator are being described in this article. According to results, criteria must be developed to evaluate the feasibility. According to this article, “sub goals can be used to control focus in a case and mediation provides the basis for integrating case based reasoning with a goal directed problem solver” (Kolodner & Simpson, 1989). Mediator is one of the earliest case based problem solvers and it can answer many answers. The last point is mediation is successful when both the disputants accept a suggested solution which is said by the mediator. Some aspects of mediator are also illustrated in this article. The aspects are that it integrates the use of several cases in based reasoning and it provides a set of steps for choosing the best out of a set of partially matching cases. The last point is that it provides the sub goals that can be used to control focus within a case. In the fifth step of mediation of testing the agreement & Writing the settlement agreement, both the disputants will tell the mediator what to write in the agreement. Then the mediator will speak aloud the whole agreement so that if there is some point in the agreement at which one of the disputants does not agree, it can be changed or removed from the agreement. Then mediator will conduct the testing of the agreement which he and the two disputants made. In order to conduct the testing of agreement, the mediator will first confirm that the following solution is best possible solution for the conflict. Then he will ask the disputants to perform the steps which he told them in order to finish the conflict. If the agreement has passed the test, then the mediator will confirm both the disputants that the agreement is finalized and being signed by both the disputants. At last give a copy of the finalized agreement to both the disputants. Using the above scenario, the mediator who is the head of the two families and two disputants will make a agreement in which it is finalized that the wife will never taunt her husband again and if she again does it, then she will not be given any more chance to improve her married life. After that the mediator (head) will speak aloud the whole agreement so that any point which has to be changed or removed, can be changed or removed. Then a written agreement will be formed on which both the disputed to put their signature. The last step is that the mediator (head) will give a copy of the signed agreement to both the disputants. In the closing of the conflict problem and solution, the mediator has tried his best to finish the conflict and cancel the divorce process. Some suggestions are also given to both the disputants to resolve the conflict in every possible way. The mediator will advise both the disputants to continue following his steps and continue follow up with him. Using the above scenario, the mediator who is the head of the two families will take a promise from both the husband and wife and their families that they will never create conflict again. Then the mediator (head) will give some suggestions to the disputants like if the conflict has been created, try to solve it between yourselves and if the conflict is not seem to be solved by the family themselves, then call a mediator so that he can control the conflict. References Collins L., Graham J. & Flaherty B., “An Alternative Framework for Defining Mediation”. Multivariate Behavioral Research, 33(2), pp. 295-312. Oct 1996. Retrieved on April 2, 2013 from http://dtserv1.compsy.uni-jena.de/__C1256CFB007CB6E0.nsf/0/2EB804BBCBD523BAC1256CFB007CC365/$FILE/collins%20graham%20flaherty%201998.pdf Doherty, N. N. “The Essential Guide to Workplace Mediation and Conflict Resolution”. Safari Books Online. Retrieved on April 1, 2013 from http://my.safaribooksonline.com/book/-/9780749450199 Hicks, T. “Seven Steps for Effective Problem Solving in the Workplace”. Mediate.com. Retrieved on April 2, 2013 from http://www.mediate.com/articles/thicks.cfm Kenny D. & Jodd C., “Process Analysis: Estimating Mediation in Treatment Evaluations.” Arizona State University. Feb 11, 2013. Retrieved on April 2, 2013 from http://ripl.faculty.asu.edu/wp-content/uploads/2013/02/Judd-Kenny-1981b.pdf Kolodner J. & Simpson R., “The Mediator, Analysis of an Early Case-Based Problem Solver.” Journal of Cognitive Science, 13, pp.507-549. 1989. Retrieved on April 2, 2013 from http://csjarchive.cogsci.rpi.edu/1989v13/i04/p0507p0549/MAIN.PDF McCorkle, S & Reese, M.J (2005). “Mediation, Theory & Practice”. Retrieved on April 1, 2013 from http://www.academia-research.com/filecache/instr/i/m/819619_img_0380.png Mediation Concepts. Diversity Resource Center, 2005. Retrieved on April 1, 2013 from http://imarketingsolutions.com/diversityresources/rc_sample/mediation1.html Read More