Mediation And Negotiation Paper

The practice of settling human conflicts through intermediaries has had a rich history in Western and non-Western cultures and therefore a broad range of forms and functions. The conflicting parties in most of the societies and at all stages of social interaction have had access to external actors to whom they approach when they come to the conclusion that they are incapable to handle their different opinions by themselves. In this case, an ordinary response to identify contradictions in objectives and values be-tween adversaries is to enter into a process of negotiation in order to achieve an agreement on such differences, which is mutually acceptable. In consequence, negoti-ation seems to be a universal, human

Traditional approaches to mediation assume that a conflict’s parties and a mediator share one compelling reason for initiating mediation: a desire to reduce,abate,or resolve a conflict.To this end,both sides may invest personnel,time,and resources in the mediation.This shared humanititarian interest maybe the only genuine reason in a few instances of mediation,but normally even this interest intertwines with other, less altruistic,

This paper discusses a cross-cultural conflict scenario in which a mediator must apply the appropriate skills to resolve the conflict. In order to resolve these types of conflicts mediators must apply a non-bias approach to the conflict because the mediator must perceive and identify the cultural differences in order to appropriately resolve the conflict. The mediator must facilitate communication, and they must invoke trust with the disputants for successful cross-cultural conflict resolution.

Employees generally seek union representation because they feel their workplace rights from their employer is not being met, or that they have an unfair disadvantage in regards to any needs or workplace desires. They turn to unions to help bridge the gap and ease the power differential that exists between employers and their employees. In order for a group of employees to obtain representation, they must undergo an election process to choose their union or decide if they, as a unit, want a union at all (Cox, Bok, Gorman, & Finkin, 2012). Here, we will discuss the history of and changes to the manner in which employee votes have been counted to determine an outcome in these elections.

Employees generally seek union representation because they feel their workplace rights from their employer are not being met, or that they have an unfair disadvantage in regards to any needs or workplace desires. They turn to unions to help bridge the gap and ease the power differential that exists between employers and their employees. In order for a group of employees to obtain representation, they must undergo an election process to choose their union or decide if they, as a unit, want a union at all. Here, we will discuss the history of and changes to the manner in which employee votes have been counted to determine an outcome in these elections.

Despite having no mediation experience prior to this class, I immediately excelled in a few areas of mediation. Namely, I did well with the introduction, exuding confidence, and helping the disputants move toward a resolution. Each of these skills is extremely important for mediators as they help set the tone, maintain control of the conversation or accomplish the goal of mediation. Of course, I improved with I practice, but I performed admirably in each of these arenas from the outset.

The purpose of mediation is to assist the participants in dispute reach a mutual agreement with the help of neutral third parties by creating a path for open communication. In order to be effective, the mediators must be able to establish a trusting relationship with the participants. This type of alternative dispute resolution has become very popular in the United States, so much so that California requires mediation in family custody battles. Helping couples reach an agreement regarding child custody is extremely important work, as it is at these meetings that decisions are made regarding where the children will live, how the parents will split time with the children, and who will have legal custody of the children – that is, who will decide what school the children attend, what religion the children will observe, what healthcare plans will be made for the children, and what cultural education and extracurricular activities the children will be involved in.

Resource A is about the guidelines that are set for mediators to follow. The guidelines serve three main goals; to guide the conduct of the mediator, to inform the mediating parties, and to promote public confidence in mediation as a way to resolve disputes. There are 9 standards and these standards are not enforce by law, but they are encouraged to be followed. Standard 1 is self-determination, this process is about conducting mediation in a way that allows parties to come to a resolution in a voluntary, uncoerced, and free and informed way. Standard 2 impartiality, states that the mediator should be impartial and they should also not accept any gifts, favor, loans, or any other item, if they are not able to they should decline the mediation

With mediation, both sides are heard equally and fairly. These stories are heard more than once and a solution is determined that is agreed by both parties so that each party leaves happy with the outcome. A common goal is key and helps both sides figure out what the right thing is. The mediator will continue to state ideas and will make decisions based on there reaction and responses. Mediation helps solve problems that have accumulated between both parties and in result will help mend the relationship that was once broken, rather than in court where a winner and loser is decided and one person is not satisfied, this can lead to even more disputes in the future. Mediation encourages a mutual agreement so more disputes do not

Communities have a various amount of ways to respond to conflict whether the problem is prime or trivial. Communities approach these conflicts in two ways, negative or positive. The communities’ decision on how they solve the problem can result in a couple of ways, by talking it out, walking away, or using violence. Conflicts can be very small that by talking it out you can resolve it but some conflicts are very serious that poor decision making can end in permanent damage or with severe consequences. Sometimes a minor conflict can lead to a bigger, more severe, conflict as a result of an unthoughtful action. The majority amount of communities deal with conflict in a negative way.

To begin our analysis of conflict, it’s important to have a mutual understanding of conflict. A definition that seems to cover the ideas in this scenario well, is “an expressed struggle between at least two interdependent parties who perceive incompatible goals, scarce resources, and interference from others in achieving their goals” (Salsbury, 2016). To best address the conflicts revolving around the Dakota Access Pipeline, we chose to use “The Onion” tool, presented by Fisher et al.’s Working with Conflict; Skills and Strategies for Action. This tool provides an outline that really grasps the needs and wants of all involved stakeholders are allows for equal distribution of demands. As the name implies, The Onion tool is based off the idea

Situation one is very perplexing. Once the positives and negatives where weighed, the best option for the After Grocers Inc. is to resolve the situation using litigation. The option of mediation, arbitration, and negotiation was dismissed due to the fact in which the plaintiff, “seeks to harm their opponents…” (When to Use Mediation, 2013) processed from the possibility that the plaintiff is mad, which is inferred by the tone of the initial response of the husband. That can cause truly lengthy negotiations and highly frustrating mediations. Arbitration could be a viable solution which also has the downside of not being required to follow certain laws that the courts would uphold. This is a key point due to the fact in which, in Virginia

Narrative mediation is another type of mediation which can be used to resolve conflict by giving the opportunity to hear the story from the perspective of the other individual, and in the process finds out that the other person does not want to be in conflict either, and prefers that the conflict is resolved (Billikopf-Encina, 2002). This type of mediation is very helpful to show that everyone that is involved with the conflict is being affected and gives the opportunity for each party to hear how it is affecting the other individual in a negative way. One situation this mediation can come in handy is using it at home with parents to help them listen to each other when a miscommunicating happens such as situation with cheating. When the thought of cheating occurs, each side blame each other for what happen but if they stop and listen to each other side they can see that nothing happen but was just the fault of hearing the wrong thing.

Currently, the trends of mediation in open society becoming highly popular and demanded as well. Mediation is a fast track to reach the agreement between the conflict parties.

This paper will cover the difference in the negotiation process and the mediation process and explore some of the barriers that hinder the processes. There is a distinct difference between the negotiation process and the mediation process. Negotiation as defined in Essentials of Negotiation is a process by which two or more parties attempt to resolve their opposing interests (Lewicki, Saunders, and Barry, ) The Negotiation process happens when individuals disagree about a situation and there’s no mutual solution that can be attain by the two parties. The disagreement leads to a conflict which involves misinterpretation, miscommunication and hurt feelings. Because the parties cannot reach a mutual agreement on how to resolve their