Mediation Model

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AI Summary
This report discusses about the mediation process that is one of the most effective conflict management technique. In this report, the FMM model of conflict management is briefly discussed. The role of mediator in the FM model of conflict management is highlighted. Moreover, there are various other conflict management system is also very useful in the management of conflict. The case study of Shelly and Harry is discussed in this report. Hence, this report, sheds on light on the FMM model along with other models of conflict management.
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Running head: MEDIATION MODEL
Mediation Model
Name of the Student
Name of the University
Author Note
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1MEDIATION MODEL
Executive Summary
This report discusses about the mediation process that is one of the most effective conflict
management technique. In this report, the FMM model of conflict management is briefly
discussed. The role of mediator in the FM model of conflict management is highlighted.
Moreover, there are various other conflict management system is also very useful in the
management of conflict. The case study of Shelly and Harry is discussed in this report.
Hence, this report, sheds on light on the FMM model along with other models of conflict
management.
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2MEDIATION MODEL
Table of Contents
Stage 1...................................................................................................................................................3
Phases of FM Model..........................................................................................................................3
Stage 2...................................................................................................................................................5
Conflict and Manifestation................................................................................................................5
Effectiveness of FMM Model............................................................................................................6
Mediation Techniques.......................................................................................................................7
Alternative Mediation Techniques.....................................................................................................7
Self- Reflection..................................................................................................................................8
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3MEDIATION MODEL
Stage 1
Phases of FM Model
The process of mediation refers to the structured, dynamic and an interactive process
in which a third party helps the two people or parties to reach to a perfect structured solution.
In this process the third party generally use a problem solving approach through an
extraordinary communicating technique. All the participants in this mediation process are
promoted to participate in this process in a positive manner so that, the third party mediator
ultimately can fulfil his or her goal of solving the problems. During this process, the mediator
can use different techniques and approach to guide this process in a constructive way in order
to solve the problems of the two parties and along with this mediator also can evaluate the
information provided by the parties (Barsky, 2014). The mediator mainly assists the two
parties in negotiation process of a particular problem. In the video, the Functional Mediation
Model (FMM) of problem solving technique is used by the mediator for solving the problem
of Shelly and Harry. In the mediation room the attorney of the two people are also present.
The mediator in this process is Jim. According to the FM model of problem solving, there is
four phases. The first phase of this FM model is the introduction of the parties participating in
the sessions. The next phase of this model is story telling of the two or more parties of that
mediation process. The third phase of this FMM model is the problem solving process and
the last phase is resolution. In the first phase, the mediator of the process will wait for both
parties to arrive to the mediation centre and at first he or she will give a brief introduction of
herself or himself. The physical appearance of the mediation centre will be pleasant so that
the parties feel very comfortable. However, if any of the parties has come with their children,
the children must wait outside of that room. After that, the mediator will give a brief
introduction and an opening statements about herself and the agenda of the meeting. The
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4MEDIATION MODEL
opening statement of the mediator will define the agenda and rules of the mediation in a brief
manner. Along with this, the mediator will give permission to the attorneys to confer and the
clients can also speak for themselves as well. As a part of the mediation rule, the mediator
will tell that any of the parties cannot interrupt each other during sharing of the information.
In the video, the first step of the mediation process is followed very effectively. In the video,
it can be observed that, the mediator initially introduces herself and the parties of the
mediation process and provided an introductory speech about the mediation meeting. After
that she mentioned to keep their child outside and also introduces the attorneys. Therefore,
she also introduced the rules of the mediation and allow the parties to discuss with their
attorneys if requires. She also tells that, the two parties can also discuss about their problems
with her personally. So, it can be said that, the first step of the FMM is effectively mediated
in this video. In the next step, the mediator, will allow the two parties two tell their stories or
incidents to the mediators. In this case, the party who has requested the session, generally
starts first with their story. In this, video, it is observed that, the mediator knows Shelly
previously. In this video, it is observed that, the mediator is starting with the story of Harry,
although it seems that he is not the mediator of the mediation process (Tennessee Mediation,
2011). Harry, describes her story and then Shelly, starts his points. However, in the first
portion of Harry’s story telling it is observed that, he is accusing Shelly although it is not the
rule of this process as described by the mediators. However, Shelly maintained the rule in a
very well manner. So it can be said that, this stage of FMM is not maintained effectively at
all. The next stage of the FMM is the stage of problem solving stage. In this stage, the
mediator will at first seek a few common goal of the parties and will also figure out the issues
that can be solved in highest priority. After identifying the problems and goals for this case,
the mediator will discuss about the possible solutions of the problems. In this video, it is
observed that, after identifying the problems, that is the problem related to their house. The
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5MEDIATION MODEL
mediator identifies a few solutions such as delaying in selling their house and then they will
build another house. However, in the video it is observed that, all the possible solution is not
present in that video. However, no active participation from the end of the two parties is not
observed in the video. Only a few is discussed. Along with this, the children, Billy is not
prioritized in any of the solution proposed by the mediators. After that the last step of this
model, is the resolution of the problems. Hence in this phase the mediators will decide a few
a possible solution after discussing with both the parties (Tennessee Mediation, 2011). Once,
the participants agrees to carry out those solution, the mediator will offer a brainstorming
sessions among the parties and from that sessions the final solution will be decided. After
finalizing the solution, the mediators will set an agreements to follow for both the parties. In
this video, it is observed that, the mediator does not follow any brain storming session and
she decides the solution among from the discussed solutions which are fixed by the parties.
In the video, it is observed that, the mediators has proposed two solutions for the parties and
both the parties agree to maintain those conditions. Then the mediator will sets those
solutions as agreements and the parties agree to sign that agreement. So it can be said that,
this step of the FMM is maintained effectively in this video (Tennessee Mediation, 2011).
Stage 2
Conflict and Manifestation
From the video it is observed from the statement of the Harry, it is observed that
Harry shows his concerned about the Billy as Shelly is planning for getting a job after
leaving the Harry’s house. Still toady, Harry is the only earning person in their family and
Shelly is running the house. So, Harry is concerned about whether she can get an expensive
house for Billy or not. Along with this, he is also concern about the possibility of getting a
good job of Shelly as she has no experience at all. So it will be very difficult for to get a good
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job. Harry also think that, as a result of difficulties in getting job, Shelly cannot afford a
good house for Billy. However, Shelly thinks that, she will definitely get a wonderful job
and will afford a good house in near future. In addition Harry also raises its concern about
the upbringing of Billy as if Shelly goes for a job then who will take care of Billy as he is
only 13 years old. There another problem is associated with the financial condition of their
family and they are not finding any solution of that problem also. However, if they go for
mortgage of their house, they will not pay the amount of loan as well. Then the house will be
automatically taken away from them. However, Harry does not want to lose the house as
there are many issues (Tennessee Mediation, 2011). He is also concerned about the fact that,
if Shelly cannot afford the amount of money to save the house. From the mediation process
this problems are identified in a brief manner. In order to solve this conflict a few options are
asked from the two parties. Shelly suggests to get a better job for both of them Harry and
Shelly. On the other hand, the Harry want to sell the house and behind this decision he is
providing the rationale that he can make a good house for Billy in future as well. So it will
not be very difficult. Finally they manage the issue by agreeing on the facts that shelly will
give mortgage the house for 8 months and within this time, she will afford the amount of
mortgage after getting a job. However, if Shelly fails to arrange the mortgage she will liable
for selling the house and simultaneously find a new one in the same school district for Billy
(Tennessee Mediation, 2011).
Effectiveness of FMM Model
In this case of a Harry and Shelly it is observed that the mediators successfully
solved the problems of the parties and both the parties agree to maintain that solution as an
agreement. The FMM model is very much effective in this case study as this model allows
the mediator to listen all the aspects of both the parties and simultaneously the parties also
can give their feedback for getting the solution at the end of the session. Moreover, this
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7MEDIATION MODEL
model also describes that, the parties will signed on the agreements comprises of the solution
given by the mediators. Another conflict management strategy that can be more effective in
this case is accommodating strategy as in this strategy, one party agrees to give that thing
that the another party want This model is mainly used when the case study is associated with
the minor child. In this case, it is observed that, the parents of Billy is concerned about their
child’s future so in this case study that model can be more effective (Tennessee Mediation,
2011).
Mediation Techniques
In this session of mediation the three techniques that are effectively used are listening
to the story of the two parties, ensuring confidentiality of the case information and making
voluntary decision without any influence from the attorneys of both the parties. From the
case study it is observed that, any of the two parties has not influenced by their attorneys and
they share the truths with the mediators (Tennessee Mediation, 2011).
Alternative Mediation Techniques
In this case study, another three mediation processes that can be used are the 6 step
collaborative model of Whetton and Cammeron (2007), promoting the understanding
between the two parties and the mediator –directed mediation process. The first method will
be effective for this session as this model is composed of 6 steps and all the steps of this steps
allow the mediator to focus on the problem in a more immense manner by establishing
common goal, focusing on the interests of the two parties, evaluating the proposed
alternatives and finally help in defining the success of gains by this method (Redick et al.,
2014). The mediator directed method will allow the two parties to talk more about their
problems in front of the mediator as in this model the parties are facing the mediators in spite
of facing each other. This allow the mediator to get more information about the case of the
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parties and there may be a better solution of their problem (Lovan, Murray & Shaffer, 2017).
On the other hand, the promotion of understanding between the two parties will help in this
case it is associated with the future of Billy, the minor son of Harry and Shelly.
Self- Reflection
This case study has helped me a lot in identifying errors that I have made as mediator
in an another cases. In that case, coincidentally the case scenario was almost except the issue
of minor child. Those people did not have any child and they also were in financial crisis. In
that case study, I did not use this FMM model in a proper way. In that I was just started my
carrier as a mediator. That time, I only talked with one of the parties and attorney of the
another party. As a result, I had to rely on the words of one party and failed to evaluate the
actuality of the case. From this case study, I realized about the importance of hearing the
words of both the parties and I will definitely use this experience in my carrier.
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References
Barsky, A. (2014). Conflict resolution for the helping professions. Oxford University Press.
Lovan, W. R., Murray, M., & Shaffer, R. (2017). Participatory governance: planning,
conflict mediation and public decision-making in civil society. Routledge.
Redick, A., Reyna, I., Schaffer, C., & Toomey, D. (2014). Four-factor model for effective
project leadership competency. Journal of Information Technology and Economic
Development, 5(1), 53.
Tennessee Mediation (2011). Tennessee Mediation. Retrieved from
-https://www.youtube.com/watch?v=heUcre2d9wg
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