Wednesday, March 21, 2012

Mediation



Mediation

            As a leader, manager, boss, teacher, or parent, the ability to effectively mediate conflict is vital.  Conflict among team members, employees, students, and siblings inevitably will occur.  Therefore, the leader is required to act as the mediator, a neutral third party and assist “disputing parties in reaching a mutually agreeable resolution” (Kovach, 2005, p. 304).  In effort to mediate conflict, the participants must progress through stages, as listed, which highlight the essential occurrences in mediation.
1)  Preliminary Arrangements- This occurs before the actual mediation begins.  It includes the referral, the selection of a mediator, determines who will be in attendance, costs, and issues to be resolved.
2)  Mediator’s Introduction- Introduces the participants, describes the process, and sets the ground rules.
3)  Opening Remarks- A presentation of each side’s views are expressed to the mediator.
4)  Venting / Information Gathering- Inquiries are made from both parties and the mediator in effort to gain a better understanding of the issues and what caused them.
5)  Issue & Interest Identification- The mediator expresses the issues in agreeable terms in effort to heighten parties’ understanding, acceptance, and ability to find solutions.  Agenda setting, private caucus, listing options, and reality testing may ensue.
6)  Bargaining & Negotiating- The mediator helps the parties find trade-offs, which will hopefully lead to a settlement, the…
7)  Agreement, followed by closure (Kovach, 2005).
Some experts consider the opening remarks, venting and information gathering, and issue and interest identification as the most critical for a successful mediation process.  Each of these set the tone and basis of understanding and building toward a favorable resolution.  Once the disputants have openly voiced their concerns, they may begin to accept and respect one another.  If these steps are ineffective, the mediation is severely impaired.

References:
Kovach, K. (2005). The Handbook of Dispute Resolution. In M.L. Moffitt, R.C. Bordone,
            Mediation (pp.304-317). San Francisco, CA: Jossey-Bass.

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