Instructions: Consider the following mediation situations. Think about what is wrong with the mediator’s behavior in each situation, writing your explanation in Column 2. Propose a better alternative and write it in Column 3. Mediator Behavior What’s Wrong with It Improved Alternative After introductions, the mediator says, “First, let’s hear the plaintiff’s case.” Mediation is a person who can help make decisions when dealing with two parties. When a mediator is involved then the individual who is being mediated cannot be referred to as the complaint it would not be appropriate for a mediator to use their feelings and beliefs on who should be the plaintiff, because it would be unfair to the other party’s involved. Because it would look like the mediator has already decided who has won which allows for them to have the upper hand. After the introductions have been made, then the mediator should go to the next step which is the mediator should ask the parties that are involved if they are willing to resolve and settle this conflict. The mediator needs to keep an open mind and needs to treat both parties fairly.
When the mediator chooses who should go first, it should not be based on a personal verdict. Once all the parties involved have expressed their sides then it is the mediator’s duty to then ask the parties how they feel would be the best solution for the situation. Which then the mediator must give their undivided attention and pay close attention to what is being said so that they are able to appropriately help the parties to solve the conflict. The disputant says, “Harold is worse than a criminal. He lied to me at every turn. He should be executed.” The mediator answers, “I can understand your being mad because he lied to you. But your childish language is outrageous.” In this case the mediator needs to choose their words wisely. So that it does not come across that the mediator is playing favoritism. If the mediator continues to continue repeating what the disputant has stated. When the mediator does something like this it comes across as being unprofessional along with self-opinionated. This type of behavior shows that the mediator is neither fair nor effective. First off in cases like this it is prohibited for the mediator to call names. The main responsibility for the mediator is to assist both parties to help them arrive at an agreement between themselves (Wilmot & Hocker, 2011).
With this being said if the mediator has created a positive attitude, which in result shows that the mediations presences is only need to serve as facilitator and controller during the mediation. If the parties involved get off track of what the reason is why there here for in the first place; then the mediator will chime in and remind them. Mediator: “We are here to decide who should have custody of Joannie.” Again it is vital that the mediator needs to be vigilant when it comes to the mediator, in order to avoid having it seem like the mediator has a favorite. if the mediator’s not conscious of what they say then they could risk the chances of increasing the conflict to become worse instead of better. When the mediator speaks they must ensure that their words are not opinionated. The mediator needs to ask both parties if they are prepared to find out who is going to have custody. the mediator basses their decision on who should win the custody battle by who seems to be the most fit. Again the mediator needs to make sure that they do not make the decision based on their opinion. In response to a disputant’s comment that the disputants have been able to agree on a settlement amount but not the terms of payment, the mediator says, “So you have a dispute about the terms of payment.”
Unfortunately when dealing with conflicts such as this the parties are going to have to settle even though they are still in disagreement. in this situation the mediator needs to avoid causing more of a conflict by showing ways they could resolve the conflict without speaking based on their thoughts and opinions. In this situation the mediator needs to be able to facilitate on an agreement. in this conflict the mediator needs to help them work out a term for how the payments will be distributed. This needs to be done before they are able to resolve this conflict while maintain to be professional. Disputants are at impasse. Mediator says, “Let’s caucus!” In this situation the mediator has used the word Caucus, which is out of line and not proper to use, because both parties are still attempting to discuss the situation. the mediator is responsible for helping to lead the parties involved. again the mediator needs to be cautious on what word choice they use. According to (Wilmot & Hocker, 2011) the role of the mediator is to act as a facilitator to both the parties involved to help and resolve the conflict amongst each other. which means that the mediator is there to be a facilitator and ensure a effective resolution.
Courtney from Study Moose
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