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Mediation and Conflict Management

Contents

Introduction

Causation and Manifestation of Conflict 

Application of the FMM Model

Three Effective Mediation Techniques Used

Recommendations of Three Other Mediation Techniques

Self-Reflection

Conclusion 

References

Introduction to Mediation

Mediation refers to a conflict resolution mechanism in which a mediator supports the involved parties through positive discussion and conciliation of their matters to reach a resolution accepted by all parties (Einarsen et al., 2018). This reflective report discusses the relevance of mediation in conflict resolution by focusing on five major areas. Concerning a video, it is going to discuss the causation and manifestation of the conflict between the parties. Additionally, the report will entail the application of FMM (functional mediation model) by discussing its effectiveness in managing conflicts. It will also explain three effective mediation techniques that were employed in the video. Further, there will discussion suggestions for the other three mediation techniques that can be used to resolve conflict. Moreover, this report will reflect on my understanding of this conflict resolution and how I understand my past experiences of conflict. This report will also discuss how I will use this knowledge in becoming a better mediator.

Causation and Manifestation of Conflict

In the video, the mediation is about a couple harry and sally who is in the midst of a divorce. In the introductory phase of the mediation process, the mediator statement demonstrates that they have a son named Billy whom the couple loves the most. The main cause of the conflict is the house that they possessed for numerous years. Moreover, due to the divorce, sally is authorized to the house, but harry is of the view that she will not capable to pay for the loan. Furthermore, the video clip concludes that as per harry, his wife sally’s salary cannot validate the house they are residing in and that he has been the one forfeiting the loan. Additionally, harry is of the view that parting the house with sally can ultimately result in loss of the house as she is probable to default. It is also clear in the video that it is unreasonable for sally to give the house along with the child support.

She has to change her current job to maintain the house the repay the mortgage. Also, sally agrees with this statement. Harry explains to the mediator that why he meditates it is not accurate for sally to entitle the house in her present state as it would mean the house is retrieved for failure to pay the loan as compulsory. This conflict is manifested in the form of storytelling by each harry and sally simultaneously. The mediator (jean) puts them to the assignment so that they can come up with choices for the issue they are facing. Further, they wrote it down all the suitable options then the mediator called on them to point out options that they find unbiased and satisfactory to each of them. They agree on co-parenting and sally’s postponement in paying for the loan for a certain period.

Application of the FMM Model

The FMM (functional mediation model) consists of four phases named as an introduction; storytelling; problem-solving; and resolution. In this model, a specialized mediator enables discussions between the parties by applying the widest range of methods and techniques of interchange, ask problems, legalize, and standardize parties’ vision, and lastly resolve the conflict. This model has been used in the video clip of the mediation process effectively as directed by mediator jean. This process offers both parties with a more peaceful environment in which they can speak fairly without any fear as it may occur in court procedures. It is effective as it offers a sense of relief to the conflicting parties to be as open as possible in talking about the differences. This further assists them in reaching a friendly solution mutually acceptable to all. Furthermore, this is effective as the session is being privately held and the discussions are confidential as told by the mediator to parties.

The FMM enables each sally and harry to be attended by their particular guidelines and is allowed to consult them as and when required. Moreover, its effectiveness can be seen when the conflicting parties reached an effective solution to their problem even without being coerced, and also their decisions are to be respected. In this model, the exchange of experience is at the center of the model as conflicting parties exchange their stories and it is constructed on the storytelling (Lappalainen, 2019). Another effective conflict management approach that can be used is the understanding-based model in which conflict is to be solved by having a deeper understanding of the parties. In this model, the mediator gets engaged actively by using discussion technique and it assists both parties to comprehend better their welfares, urgencies, and visions and offer them the chance to solve conflict together. It is effective as in this model mediator highpoints the unidentified in the situation that both parties were not able to understand by themselves (Portere & Briede, 2019).

Three Effective Mediation Techniques Used

Numerous mediation techniques can be used in the conflict resolution process like calmness, determination, better communication, focused-conversation, positivity, respectful culture, usage of correct words, and more (Shack, 2017). However, the video clip shows the three effective mediation techniques that are employed by mediators are focused on conversation or determination, transparent communication, and environment of confidentiality and trust.

The first technique that can be seen in the video is focused on conversation or determination. In the entire mediation process, the mediator (jean) is seen to be extremely determined to resolve the conflict. She makes sure in the whole process that conversation is solution-focused rather than just having a normal communication with parties. The mediator gives both parties sufficient time to think for options and then discuss one by one, this shows that she was highly determined and is concerned for both parties.

The second major technique used in the mediation process is transparent communication by first guiding both parties about the whole process and rules and regulations to comply with. The mediator fosters transparent communication and uses correct words in the entire communication. She encourages the visions of both parties and listens to both of them carefully to encourage transparent conversation. Furthermore, she tells the parties to be honest while discussing that may be useful to arrive at the anticipated result or resolution of mediation.

The third effective mediation technique used in the resolution process is the creation of an environment that fosters trust and confidentiality. In the starting off process, the mediator (jean) informs the conflicting parties that they are in a private meeting where whatsoever will be said rests a top-secret. It is the major thing that offers parties the chance to discuss their differences without fear of being persecuted. Further, the environment is much contented and safe. It is true that by promising the parties to speak easily and privately in front of a third party, parties can let their guard down and express feelings more spontaneously (Stipanowich & Lamare, 2014).

Recommendations of Three Other Mediation Techniques

Apart from the above three effective mediation techniques, the other methods that can be used in the conflict resolution are as follows:

It is suggested that the technique of mediation must be of recognition and response to the emotions. It will benefit the conflicting parties as this technique is good to attend, imitate, and showcase a sense of understanding of the expression of emotions. The mediator must have stimulated emotional communication while the discussion took place and Harry was talking

about his fear of losing the house. Similarly, jean must demonstrate empathy while sally pointed out that she is surely not able to repay the mortgage by reliance on her existing job. She must use the phrases like “I understand”, “I think you are feeling” that can show the parties a sense of hospitality. This particular technique helps in creating a robust association among the conflicting parties and mediators (Kelly & Kaminskienė, 2016).

Secondly, I would like to recommend the technique of staying impartial and offer to reason. This particular mediation technique can be done by mediator by taking sound decisions keeping in view the visions of both the conflicting parties. It further means that the procedure of resolution is unspoiled by the mediator’s partialities and prejudices, therefore; conflicting parties can empathize on agreeing their concerns rather than have to reply to participation from the mediator (Halperin, Cohen-Chen & Goldenberg, 2014).

The third effective meditation technique that can be recommended is evading leading questions. The questions on the most operative ways to resolve the issue appeared to be assertive for a specific response from harry, and he appeared a little painful.

Self-Reflection: Mediation and Conflict Management

As far as my understanding is concerned, I learned a lot from this conflict situation. It makes me learn about the meditation techniques that can be used to resolve the conflict in a better and prompt manner. I learned about how a well-conducted mediation can be helpful to reach the consensus and at a more auspicious conclusion. Further, I can relate to my experience of conflicts after this mediation process of conflict resolution. Numerous past experiences of mine led to conflicting situations like on numerous occasions, I have admired seeking justice whenever I feel offended, and most of these instances, I have thought that my issues can just be resolved by visiting the court. Though, now I realized that my problem could be solved using the mediation method if I knew these earlier. Moreover, I learned how one make creates an environment of trust and privacy within seconds in the mediation process that is hard to find in court procedures. Also, I understood that there is no fear of being oppressed in this process because the mediator offers the chance to conflicting parties to speak up freely and build an understanding with each other.

Furthermore, this knowledge that I got from the mediation process for conflict resolution; can be a better mediator. I would like to use the same style of mediation used by jean (mediator) in this process as she smiled the whole session and harmoniously handled the conflict. I would like to explain each rule and guidelines before starting the session so that the conflicting parties ensure to comply with them and maintain decorum. I also will try to deal with the conflicting parties with respect and communicative the steps needed to address the question and help the parties in reaching to note of understanding.

Conclusion on Mediation and Conflict Management

From the above report on the role of the mediation process in resolving the conflict, it can be concluded that the video clip demonstrating the mediation process to resolve the conflict between Harry and sally by mediator jean, is the best instance of understanding the mediation role and its techniques to effectively resolve conflicts. The cause of the conflict between the couple is due to house entitlement. The main problem is that the sally is not in the position to repay the loan with her present job however, she can only pay with the help of harry. The major model that is being used in the video clip as the conflict resolution approach is the functional mediation model (FMM). It consists of four phases named as an introduction; storytelling; problem-solving; and resolution. In this model, a specialized mediator enables discussions between the parties by applying the widest range of methods and techniques of interchange, ask problems, legalize, and standardize parties' vision, and lastly resolve the conflict. However, another effective conflict management approach that can be used is the understanding-based model in which conflict is to be solved by having a deeper understanding between the parties Additionally, it is concluded that the meditation techniques that were employed by jean in the entire session are transparent communication, creation of an environment of privacy and trust; and conversation based on focused-solution. Furthermore, it can be inferred that the recommended mediation techniques are recognition and response to the emotions; staying impartial and offer to reason; evading leading questions.

References for Mediation and Conflict Management

Einarsen, S., Skogstad, A., Rørvik, E., Lande, Å. B., & Nielsen, M. B. (2018). Climate for conflict management, exposure to workplace bullying, and work engagement: a moderated mediation analysis. The International Journal of Human Resource Management, 29(3), 549-570.

Halperin, E., Cohen-Chen, S., & Goldenberg, A. (2014). Indirect emotion regulation in intractable conflicts: A new approach to conflict resolution. European Review of Social Psychology, 25(1), 1-31.

Kelly, E. J., & Kaminskienė, N. (2016). Importance of emotional intelligence in negotiation and mediation. International Comparative Jurisprudence, 2(1), 55-60.

Lappalainen, P. H. (2019). Conflicts as triggers of personal growth: post-traumatic growth in the organizational setup. SciMedicine Journal, 1(3), 124-136.

Portere, V., & Briede, B. (2019). Conflict management models in the context of constructivism in mediation. Research for Rural Development, 2.

Shack, J. (2017). Which mediator techniques are most effective? Report points to some with potential. Retrieved from https://www.mediate.com/articles/shackjbl20171027.cfm

Stipanowich, T. J., & Lamare, J. R. (2014). Living with ADR: Evolving perceptions and use of mediation, arbitration, and conflict management in fortune 1000 corporations. Harv. Negot. L. Rev., 19, 1.

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