Mediation Reflection Report: Conflict Management Techniques and Approaches

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This report discusses conflict management techniques and approaches used in a Tenant-Landlord Mediation session. It identifies the cause of conflicts, explains the mediation approach used, describes effective mediation techniques, and recommends other techniques that could have been used. The report concludes with a reflection on becoming a better mediator.
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Mediation Reflection Report
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TABLE OF CONTENTS
Mediation Reflection Report............................................................................................................1
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Identifying and describing the cause of conflicts and the ways in which conflict manifested....3
Explaining the ways in which mediation approach is being used and proven effective.............4
Another conflict management approach that could be effectively used......................................4
Describing three mediation techniques that were effectively used in session.............................5
Recommendation on other mediation techniques that could have been used for resolving
dispute..........................................................................................................................................6
Reflection.....................................................................................................................................6
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8
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INTRODUCTION
Mediation has been referred as the procedure in which a mediator resolves conflicts among
the parties. The settlement among the parties has been done within hearing both the sides and the
final decision is being made in which both the parties become agree (Zhang Cao & Wang,
(2018). The present report will shed a light over the concept of mediation in conflict
management. The report will be based on the session “Tenant- Landlord Mediation”. The report
will describe about the major cause of the conflicts among both the parties. Also, the mediation
approach and model that is being used by mediator will be explain along with the other approach
that can be proven effective. Furthermore, three mediation techniques will be explained that is
being use in session. Moreover, the recommendation will be made. Lastly, the reflection will be
performed in context of becoming better mediator with the help of the knowledge gained with
the session.
MAIN BODY
Identifying and describing the cause of conflicts and the ways in which conflict manifested
In the session Tenant- Landlord Mediation the major conflict has been arrived among
tenant and landlord. The name of the tenant was Denis and the name of the Landlord was Linda.
The conflict has been occurred due to the rent. Denis was unemployed and could not found the
job anywhere and therefore the tenant was unable to pay the rent. However, Linda has managed
for the long time but now she was not comfortable with this and she wanted her rent from Denis.
On the other hand, it was difficult for Denis to pay the rent as he did not have any source of
income from where he can pay rent. In such situation, the conflict has been arise between tenant
and landlord. Linda has already provided ease to Denis and now she just wanted to focus over
her business. Often, at the time of mediation she said that she wants all of the amount along with
the extra cost which will be considered as late fees for Denis.
Denis was not able to pay the actual rent and the extra cost by Linda was not bearable by
him. Therefore, he said he would not be able to pay extra cost. However, the mediator has played
the crucial role and conducted session one by one with both of them and a final resolution have
been made within developing an agreement between tenant and landlord. In the agreement it was
mentioned that Denis has to pay 1750 dollars to Linda by the end of February and if he will not
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pay this then, Linda can evict him and often further penalties will be imposed over Denis. Both
the parties, tenant and landlord was agreed over this agreement and settlement have been made.
Explaining the ways in which mediation approach is being used and proven effective
The mediation approach or model that has been used in the current session was Facilitative
Mediation Model. This mediation model refers to that model in which the mediator facilitates
the negotiation among the parties without imposing judgement over them (Clayton, (2018). The
decision has been taken on the basis of the discussion that is being made with both the parties.
The facilitative mediation approach has been used effectively in the Tenant-Landlord session.
The mediator has focused over exploring the interest of both the parties and on the basis
of this the decision is being made within mutual agreement of the parties. Thus, in this manner
both tenant and landlord has not felt pressure over them in terms of taking decision (Lohvinenko
et.al. (2021). The mediator has provided the complete space to both the parties in relation of
taking their decision and then try to communicate with them to make the major possibilities that
leads to solve the conflict. Therefore, this can be said that facilitative mediation model has been
efficiently used by the mediator in this case and often promoted the resolution of conflict in safe
manner.
The mediator has communicated with tenant and landlord one by one and try to understand
their emotion and enable them to find out their interest that can lead to solve the issues. Thus, the
mutually satisfactory solution has been developed by the mediator with the help of facilitative
mediation approach that results in solving of issues within specific period of time rather than
taking longer period of time (Olouch & Achieng, (2019).
Another conflict management approach that could be effectively used
The another conflict management approach that can be used effectively in this case was
Narrative Mediation Approach. This mediation approach refers to that approach in which the
mediation has been break into the interest-based mediation and the mediator explains the
personal experience and other stories that are based on the conflicts which is being resolved by
the mediator (Garcia, (2019). Thus, this mediation approach could be often used by the Tenant-
Landlord session
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This mediation approach lead to influence Denis and Linda and their might be chances in
which they could be easily influenced and the dispute could be resolved. The Narrative
mediation approach is based over the narration of those stories that are same as the conflicts
therefore, this leads to create better understanding in the parties and often influence them to take
correct decision. The mediator often recommends the solution to the parties after narrating the
experience and stories and this helps in taking appropriate decision (Gabdulina, (2022). Thus, in
same manner, this could be done by the mediator in tenant-landlord session as narrative
mediation approach is highly effective in such type of conflicts that has been witnessed in
current session.
Describing three mediation techniques that were effectively used in session
Mediation techniques has been considered as those techniques that is being used while
solving the conflict between parties. The major three mediation techniques that has been
effectively used in the session are-
Cultivated the environment of safety and trust- In the session of tenant and landlord
mediation, the mediator has performed effective role within creating the environment that is full-
fill with the safety and trust. At initial both of the members Linda ad Denis was quiet and was
not sharing anything. However, after some time they have shared each information in specific
manner and this has become possible due to gaining trust by the mediator (Gerardi, (2017). The
mediator has created the environment that as focusing over the issues of parties and created trust
in the parties that their conflicts will be resolve.
At the time of destruction returning to the process- In the session often at some moment the
scenario become worst against the parties in which they have started repeating things. For
instance, Linda was saying that “I want rent” and Denis was saying “I don’t have job”. Both of
them were repeating this and the chances of conflicts was arising in them. However, in such
situation the mediator has used the effective technique in which the mediator started asking to
both of them that whether they liking the conversation or not and the conversation among the
parties that was leading to destruction have been changed. This technique has been effectively
used by the mediator in the session.
Recognizing emotion as an opportunity- The mediator in the session has effectively
approached the emotions. While talking to Denis mediator has said that would you think that not
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paying rent from long time is fine and not picking the call is fine. If this has been done with you
then what would be the reaction. Over this, Denis first said that he had not money. However,
after sometime he realised that this is wrong (Gutenbrunner & Wagner, (2018). Also, the
mediator has influenced to Linda in relation of paying rent by the end of February within making
emotional influence. Thus, in this manner the mediator has effectively used this mediation
technique.
Recommendation on other mediation techniques that could have been used for resolving dispute
The other mediation techniques that could have been efficiently used in terms of resolving
the disputes are-
Generating options- This technique leads to create numerous options for the party that helps in
selecting the best option. As Denis was unemployed and the final agreement has been made that
he has to pay rent by the end of February. However, if till February he will not get the job then
how could he will be able to pay the rent (Wall & Lynn, (2021). Also, he can be evicted by
Linda if he would not pay. Only this option has been given to tenant, the other option needs to
give so, if he does not get the job then he can deal with the situation therefore, generating options
technique could have been taken in consideration.
Making mutual-benefit agreements- The agreement that has been made by was only assuring
benefit to landlord. However, the agreement must be prepared in such way that can benefit both
the parties. In this situation concession in the rent paying must be assured to the tenant as well.
So, he does not feel pressure. Thus, the mutual benefit agreement must be prepared that is based
on the individual and the shared needs as it results in solving the disputes along with ensuring
benefits to both the parties.
Focusing over individual and shared needs- In order to solve the conflict, the major focus
needs to be put over the individual and shared needs (Lee, (2018). In the tenant-landlord session
this mediation technique could be used effectively within understanding the needs of the Denis
as well. Actual time in which Denis could get the job should be known by the mediator and on
the basis of that decision could be made.
Reflection
The conflict that has been learnt by me in this session has enable me to have effective
experience. Also, I have gain efficient knowledge in this context that will be used by me in
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becoming a better mediator. The conflicts experience that I had in past was drastic. At that time,
I did not have the knowledge in relation of the right and wrong path. However, the current
session has cleared my vision in this context where I got to know that it is highly important to
understand the aspects of both the parties rather than making own judgement. Also, it is
mandatory to gain the trust of both the parties as only after that the members will share
everything and the disputes can be solved. Earlier, I used to believe that conflicts cannot be
resolved within understanding the opinions of the people as I has a faith that communicating
with people makes the things worse. However, with the help of this session my thoughts have
become clear and I got to know that in order to resolve the conflicts it is important to understand
the aspects of both the people who are involved in the conflicts. On the bases of that the decision
can be taken and understanding can be made.
Now, I have decided that I will use this knowledge that has been gained by me with the help
of this session and I will become the better mediator. Thus, I will understand the aspects of the
parties who are involve in conflicts. Also, I will take one by one session of the people if things
will not be on track. This will help me to resolve dispute in effective manner.
CONCLUSION
From the above report it has been concluded that mediation has been determined as the
flexible and effective dispute resolution process that helps in managing the conflicts in effective
manner. The mediator performs vital role in all aspects in terms of solving the disputes among
two parties. Thus, mediation plays vital role in the procedure of conflict management. The report
has highlighted the dispute among the landlord and tenant in which the tenant was not able to
pay the rent due to not having job and the landlord was angry due to this. The mediation has
played crucial role and resolving disputes among both of them within making an agreement
between them. Thus, mediation plays important role in terms of resolving the disputes.
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REFERENCES
Books and Journals
Clayton, G. (2018). Mediation Models: What is Best?. Erişim Adresi:[ https://www. mediate.
com/articles/claytong1. cfm]. Erişim Tarihi. 14(10).
Gabdulina, B. (2022). DEVELOPMENT OF MEDIATION AND ITS
FOUNDATIONS. ҚОҒАМ ЖӘНЕ ДӘУІР. 2(74).
Garcia, A. C. (2019). How Mediation Works. Cambridge University Press.
Gerardi, D. (2017). Using mediation techniques to manage conflict and create healthy work
environments. AACN Advanced Critical Care. 15(2). 182-195.
Gutenbrunner, L., & Wagner, U. (2018). Perspective-taking techniques in the mediation of
intergroup conflict. Peace and Conflict: Journal of Peace Psychology. 22(4). 298.
Lee, S. Y. (2018). Mediation techniques of an informal intermediary in intercultural-
interpersonal conflict. Human Communication. 11(4). 461-482.
Lohvinenko et.al. (2021). Models of mediation: Theoretical and legal analysis. Conflict
Resolution Quarterly. 39(1). 51-65.
Olouch, M.A. & Achieng, J.O. (2019). Mediation Theory and Practice. East African Journal of
Arts and Social Sciences. 1(1). pp.16-21.
Wall Jr, J. A., & Lynn, A. (2021). Mediation: A current review. Journal of Conflict
Resolution. 37(1). 160-194.
Zhang, L., Cao, T., & Wang, Y. (2018). The mediation role of leadership styles in integrated
project collaboration: An emotional intelligence perspective. International Journal of
Project Management. 36(2). 317-330.
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