The Skill of the Mediator in Managing the Mediation Process - Case Study Example

Introduction In the life we live, many challenges and conflicts come in our way which are to be resolved in an effective manner in order to get ourselves out of any specific sort of situation. These conflicts can be various kinds of disagreements which can arise between any two parties or among some persons. In order to solve these disagreements, we need to apply some proper and effective conflict resolution mechanisms. Without the use of any specific technique or conflict resolution mechanism, conflict can neither be eradicated nor can it be exterminated. Due to this, use and implementation of a perfect conflict resolution mechanism such as mediation is always seen as an essential part of any individual’s life. Mediation Before probing into the topic of dispute resolution between the two parties, we should first get to know what actually mediation is. We can say that mediation is a process which is carried out by a person who is called a negotiator. Mediation also means the reconciliation or settlement of any sort of specific dispute or disagreement not only between the disputants but also disputes among the relationships. Aureli and Wall (2000) found that mediation was widely touted as a better way to work through the difficult relationship problems. The basic aim of a mediator is to reach such an appropriate agreement which can be agreed by both of the disputing parties. Crocker, et al., (2001, p.14) stated that mediators may persuade the parties in an intractable dispute to come to the negotiating table through a process of incremental, trial-and-error learning. Here we should say that a mediator should have excellence in his field in order to achieve success. Folberg, et al., (2005) found that mediator quality makes a big difference in any mediation process. Mediators always play a vital role in resolving conflicts between any two parties by using appropriate techniques in order to begin the process of dialog not only between the parties but also at the workplaces. Weinstein (2001, p.2) states that workplace mediation, in particular, can be an effective way to resolve work-related and interpersonal conflicts. A mediator acts as a third party representative and plays his part as a communication and dialog representative of both of the conflicting parties. The reason for appointing a mediator to resolve disputes between the conflicting parties is that the mediation process is comparatively less expensive than the legal court procedures. Butler, C. & Walker, D., (1999, p.3) state that in mediation you remain in control of the process, instead of taking the risk of fighting in a courtroom. A good and proper mediation process always involves such a mediator who is proficient in handling any sort of difficult situation of complex state of affairs between the conflicting parties. Without a proficient and expert mediator, a perfect agreement can never be reached between the parties. It should be noted here that taking the final decision is the authority of the parties, not the mediator. Crocker, et al., (1999) found that in the process of mediation, the decision-making authority always rests with the conflicting parties. It is always necessary that a well trained and specialist mediator should be chosen by the conflicting parties to play his part in the resolution of any specific conflict which may occur. In this regard, Crowfoot and Wondolleck (1990, p.14) also stated that mediation or negotiation are tools of delay or co-optation or of cutting possible losses that could occur by utilizing other means of continuing or settling the dispute. A good and proper mediation process always involves such a mediator who is proficient in handling any sort of difficult situation of complex state of affairs between the conflicting parties. Without a proficient and expert mediator, a perfect agreement can never be reached between the parties. Scenario of conflict Let’s talk about the involvement of mediation in the conflict scenario of a church and its neighboring community. But before going into the analysis of conflict between the church and neighbor community, we must first get to know the basic conflict which arose between them. The conflict between the church and the neighboring community was that the church had some extra space available in its boundaries which was not coming in any proper use for the church activities. This was because of the reason that the church already had enough space for carrying out the church related activities. So the extra space was there and the management of that specific church planned to give it to some disabled mentally retired group or organization on rent. This was a good idea by the management of the church in order to make a proper use of that extra space in the premises of the church. The church’s management also thought it to be a good decision because of the extra income which could come as rent. They also thought it to be in benefit of the neighboring community as if there was any disabled person present in that community, it would be more easier and convenient for his family members to admit him there. But the problem which arose due to that action was that the neighboring community around that church started opposing that decision taken by the management of the church. The reason of opposing that decision was that of noise which could have been made by the children and other admitted persons in the disabled group. And they also said it will create a lot of disturbance for the neighboring community living around that church. Another reason which the neighboring community had with them was that the mentally retired persons could hurt the people living around the church. Among some other issues regarding issuance of extra space to the mentally retired group were parking issues, waste problem and outdoor activities of the disabled persons. So according to the neighboring community, these were the problems which could arise if the extra space had been allotted to the disabled persons’ group. Mediation process for the church’s scenario Before going into the scenario, we must know one of the basic qualities of mediators. The mediators are always neutral. Bush and Folger (2005, p.8) stated that mediation is generally understood as an informal process in which a neutral third party with no power to impose a solution helps the disputing parties try to reach a mutually acceptable settlement. The mediation process for the above described scenario would start by first introducing the problem to the mediator of the disputing parties. Introduction of the problem to the mediator would include all the pros and cons of the dispute which may involve the benefits and disadvantages in the view of the management of the church and the neighboring community. After the introduction of the dispute, statement of the problem would be presented in front of the mediator by the conflicting parties. It is important that the conflicting parties should present the real picture of conflict to the mediator. Dana (2001) found that the mediators always reflect the same scenario in front of the conflicting parties. So, when the hearing of the problem is done, the mediator would give the chance to both parties to explain their side of the issue. In this process of hearing, the party who started the mediation process would be given chance to speak before the chance is given to the second party. In our case, let’s suppose the church’s management was the party who initiated the mediation process. So, the church’s management would be first given the chance to speak. All the issues regarding the extra space of the church would be presented in front of the mediator by the management of the church in order to give the mediator an emotional and expressive state of the demands of that party. Next, the mediator would ask both the parties, management of the church and the neighboring community, open-ended questions in order to reach an agreeable decision which may be welcomed by both of the parties. The basic purpose behind these open-ended questions is to gather all the required information needed in coming to some sort of agreement between the conflicting parties. The mediator would also use some back key ideas in order to build a rapport between the parties. This would be done particularly while using a reflexive style of mediation. In the next step, the mediator would find out the common objectives of the management of the church and the neighboring community. Due to this, the mediator would be able to know the real issues and the steps that should be taken t in order to satisfy the demands of both of the parties. Analysis of the scenario Let’s now describe what the main issues were and what the steps that were taken by the mediators and the communities in order to solve the problem successfully. One of the main issues was that of noise which would be created by the disabled persons while performing their activities in the church. Neighboring community argued that it will cause a lot of disturbance during the worship in the church. The second issue was of parking area. Neighboring community argued that the parking area for the people didn’t have so much space for the cars of the relatives of disabled persons who will come to meet them. Another issue was that of harmful outdoor activities which the disabled persons might perform outside the church. Neighboring community argued that it would be a risk to leave the disabled persons out of the church in the streets. For these reasons the conflict occurred between the management of the church and the neighboring community. Now the thing is that a proper mediation process should be followed in order to remove the clash or dispute between the conflicting parties. To achieve this, various negotiation sessions should take place between the opposing communities and the mediators. The points which are to be solved out must be clearly demonstrated by each of the parties in front of the mediators so that they can clearly know what the issues are and what the steps are which should be taken. The first negotiation session should involve both of the parties and the mediators in order to have a brief description of the issues. Both of the parties should be heard by the mediators in order to scrutinize the problems. In the second session, two members from each party should be given the chance to participate in the session. Here the mediators should play a key role in getting the problems solved by describing various ways which should be agreeable for both communities. For example sound proof systems should be applied in order to restrict the voice from getting out of the extra place. Separate parking place should be maintained for the disabled persons’ relatives and proper timing should be set out for the outdoor activities of the disabled persons. Here we should also mention why the issue raised so much high between the communities. The reason is that none of the parties was willing to talk to each other for the purpose of settlement of the issue. Both the parties thought that only they were right at the problem. There was a crucial need of a skillful mediator to solve out the problem between them. Skills of the mediator in the scenario Before we talk about the roles which the mediator played in solving the problems between the communities, let’s first describe an ultimate role of the mediator. The mediator’s ultimate role is to reach such an agreement between the conflicting parties which should be acceptable by both of the parties with no interference of element of racism. Gilhooley and Scheuch (2000, p.3) stated that mediation is a valuable tool in combating racism and violence. It should be also noted that mediators prefer their own on legal advices. Lovenheim and Doskow (2004) found that the role of the mediators is not to give the legal advice to the disputants; rather they find their own solutions. Another role of mediators is to eradicate the personal differences between the parties. Haynes, et al., (2004, p.6) state that the early task of the mediator is to help the clients discard their individual definitions of the problem and pursue a new mutual problem definition. The role which the mediators played in solving the issue between the church’s management and the neighboring community was that he contacted both of the parties to arrange an introductory meeting for the purpose of knowing the issues. Then the mediators educated the parties about the mediation process and dispute resolution techniques for solving the problems. Then the mediators made sure that both the parties are properly heard and all the issues between them were measured. The mediators played an effective role in the communication process between the parties by restricting them to speak one by one. They made it a rule that if any one speaks while the other person is speaking, he will be sent out of the room. After setting out the rules and regulations for the meeting, issues were thoroughly probed in order to clearly examine the conflicting issues between the parties. Then the mediators reached the point where they were able to give some suggestions to the parties related to the issues. The purpose of giving suggestions was to stimulate the parties towards reaching an agreement which should be acceptable by both parties. One of the key roles which the mediators played was that they kept a database of all the necessary information regarding the issues and with the help of that information they were able to reach a final agreement which was acceptable for parties because the mediators made a neutral and non discriminating agreement for the conflict parties. Agreement The agreement which was proposed in front of the conflicting parties was that such arrangements should be made so that disabled persons should not be able to make any sort of noise or create any disturbance not only for the people in the church but also for the people living outside. The mediators also told the neighboring community that it will be in the favor of them to allow the church to rent out the extra space to the disabled community. Because it is not necessary that the disabled persons will only come from outside the neighboring community, rather they can be present within the community and it will be convenient for them to admit their disabled persons in the church near their houses. The mediators also made it clear that proper timing will be set for the outdoor activities of the disabled persons so that they wouldn’t be able to harm anyone outside the church. Sorting out these issues, the mediators were able to reach a justifiable agreement and they proved to be very successful for resolving any kind of conflict between the parties. So, it can be said that mediators’ role in any kind of situation can never be sidelined as in the above described scenario; they were the mediators who were involved in order to effectively and efficiently solve the dispute between the management of the church and the neighboring community. This was done through implementation of specials skills owned by the mediators. They used their skills in the mediation process and came up with an acceptable agreement for both parties. Conclusion Summing it up, I would say that dispute between the management of the church and the neighboring community was very complex as none of the party was willing to get a side from their demands. But the mediators, who were brought in by the conflicting parties for the purpose of dispute resolution, played an effective role in successfully resolving the dispute between them by hearing both the parties and reaching and an appropriate agreement. So, it can be said that role of mediators in any sort of difficult situation is of critical importance for the successful resolution of any specific conflict. References Crocker, C. Hampson, F. & Aall, P., 2001. Taming Intracable Conflicts: Mediation in the Hardest Cases. Washington, D.C.: United States Institute of Peace Press. Butler, C. & Walker, D., 1999. The Divorce Mdeiation Answer Book. Newyork: Kondansha America. Crocker, C. Hampson, F. & Aall, P., 1999. Herding Cats: mediation on a complex world. 2nd ed. Washington, D.C.: United States Institute of Peace Press. Crowfoot, J. & Wondolleck, J., 1990. Environmental disputes: community involvement in conflict resolution. Washington, D.C.: Island Press. Folberg, J. Milney, A. & Salem, P., 2004. Divorce and family mediation: Models, Techniques, and Applications. New York: Guilford Press. Dana, D., 2001. Conflict resolution: mediation tools for everyday work life. Madison: CWL Publishing Enterprises. Weinstein, R., 2001. Mediation in the workplace: a guide for training, practice and administration. New York: Greenwood Publishing Group. Aureli, F. & Waal, F., 2000. Natural conflict resolution. 2nd ed. California: University of California Press. Haynes, J. Haynes, G. & Fong, L., 2004. Positive conflict management. New York: SUNY Press. Bush, R. & Folger, J., 2005. The Promise of Mediation: The Transformative Approach to Conflict. San Francisco: Jossey-Bass Gilhooley, J. & Scheuch, N., 2000. Using peer mediation in classrooms and schools: Strategies for Teachers, Counselors and Administrators. California: Corwin Press. Lovenheim, P. & Doskow, E., 2004. Becoming a mediator: Your guide to career opportunities. New York: Delta Printing Solutions. Read More