Conflict Resolution: Detailed Analysis of Mediation Process Report

This report provides a comprehensive analysis of the mediation process in conflict resolution. It begins by outlining the introductory phase, emphasizing the roles of the mediator and participants, and establishing ground rules for constructive negotiation. The report then details each stage of the mediation process, including the statements phase where parties articulate their disputes, the agenda phase where key issues are defined, and the exploration phase where underlying interests are examined. The report highlights the significance of open-ended questions, active listening, and the creation of rapport by the mediator. Furthermore, it discusses the use of integrative bargaining techniques and option generation to facilitate mutually beneficial agreements. The importance of inclusion and a written agreement is also emphasized. The report references relevant academic sources to support its analysis, providing a clear understanding of the mediation process and its effectiveness in resolving conflicts.

Running head: CONFLICT RESOLUTION 1
Conflict Resolution
Student’s Name
Institutional Affiliation

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Discussion Fifteen Ethics Responses
Mediation is a process used to resolve a conflict between different warring parties or
individuals. The process requires a neutral mediator who assists the parties involved in the
conflict to come to an agreement. Mediation provided by individual or other parties to help the
parties through a constructive negotiation without going to trial. Mediation is preferred to going
for a trial because it takes less time, it less formal and less expensive as compared to a trial. The
mediation process should be party centered in that it targets the needs, interests and the rights of
the disputers. Through the questions posed by the mediator, the process is maintained and at the
end of the process, the parties come to an agreement. This paper highlights the steps followed in
a mediation process.
Video 1
The introductory part of the mediation outlines the roles played by each participant and the
neutrality of the mediator. It is important to have this part when conducting mediation as it
connects the mediator with the parties involved. The rules to be followed during the mediation
and the creation of rapport takes place in this stage as well as introduction of the
participants1.The mediator also encourages each side to work cooperatively towards the
settlement of the conflict. It is essential for the mediator to have good communication skills in
order to understand the dispute ad help the parties engage in a constructive exchange during the
mediation when poor communication may be the cause of the conflict.
Video 2
In this stage, each party has a chance to describe the dispute between them and the consequences
it may bring. The mediator poses open headed questions to both sides skillfully to maintain the
1 Rundle, Olivia, ‘A Spectrum of Contributions that Lawyers can Make to Mediation’ (2009)
20 Australasian Dispute Resolution Journal 220 (Links to an external site.)

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conversation and allows the parties to give ideas on how to resolve the conflict. During the
conversation the mediator is able to build a rapport with the participants making them feel free to
open up and express themselves fully. In this stage interruptions are strictly not allowed when
one side is speaking2.It is an important stage as it gives the main agenda of the mediation. The
mediator maintains polite and respectful language aiming to make peace in both sides.
Video 3
The issues to be addressed (agenda) are taken care of in this stage. The mediator obtains the
agenda from the description given by both parties during the statement stage. both parties may be
allowed to directly discuss what was said during the opening statements. The language of the
mediator need to be respectful and focused to the solution rather than basing it to one side of the
parties.it is important that the mediator make an effort to care genuinely about the wellbeing of
both parties3.the agenda is always crucial for it aims at achieving the solution for the conflict.
Video 4
Joint discussion minute expression I this stage of mediation. Both parties are involved in a
discussion and the mediator asks some logical questions in order to get to the root of the
problem. Emotion is a common factor in this stage .in the canvas video (min 3.54-min 16.00),
emotion is evident as both parties try to justify their sides. Emotion determines how the parties
involved receive information from each other and how they evaluate. Furthermore, emotions
determine the outcome where the disputing parties resolve their differences.
Video 5
2 Rochelle Almengor, ‘Reflective practice and mediator learning: A current review’ (2017) 36 Conflict
Resolution Quarterly 21
3Rochelle Almengor, ‘Reflective practice and mediator learning: A current review’ (2017) 36 Conflict
Resolution Quarterly 21

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Integration bargaining technique is greatly used in this stage where both parties are involved in a
negotiation strategy in what they collaborate to find a logical solution to their dispute. This
focuses on developing a beneficial agreement among the parties.in the canvas video, integrative
bargaining technique has been used in minute (min 2.34-min8.15) by the complainer and (min
9.17 to 14.29) by the other party. They all come out with ideas and possible solutions to solve the
disputes guided by open-minded questions asked by the mediator. The integrated bargaining
technique is the key element in problem resolution ad helps the parties to come to the same level
agreement, dispute resolution. It is a crucial stage since identification of the problem, and finding
its possible solution is its goal.
Video 6
Option generation and creative problem solving has a great impact in mediation process.in the
canvas video option generation is up to min 5.05 where key points are highlighted by the parties
in order to come up with a firm solution. Each side is involved in giving an option. This is
important since it creates a decision making background and enable each party to agree to a
common solution of the dispute4. The outcome of the option generation is beneficial since the
solution to the dispute is achieved and each agrees to the opinion of the other.
Video 7
Inclusion is of significant to ay agreement. The essential elements of an inclusion in an
agreement include; identity of relationship among the parties, sharing experience, a sense of
identity and transparency among the parties. It is important to cover all the issues since the
dispute get fully solved and the possible source of a dispute like that becomes negligible. Putting
aside some issues makes one feel neglected. A written agreement in this process is very
4 Psychol,23 August 2013

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important since the mediator refers to the highlighted issue when conducting the inclusion. All
the issues get solved with none being eliminated.
Mediation has been preferred over other methods of conflict resolution such as going for
trials. The main reason is its efficiency and time saving property. The success of the mediation
process is achieved by the effectiveness of the communication skills used by the mediation. The
main goal of mediation is to find solution for the dispute between the parties.

CONFLICT RESOLUTION 6
Bibliography
Bush, Robert A Baruch, ‘Substituting Mediation for Arbitration: The Growing Market for
Evaluative Mediation and What it Means for the ADR Field’ (2002) 3 Pepperdine Dispute
Resolution Law Journal 111 (Links to an external site.)
Douglas, Kathy and Coburn, Clare, ‘Attitude and Response to Emotion in Dispute Resolution:
The Experience of Mediators’ (2014) 16(1) Flinders Law Journal 111. (Links to an external site.)
Felstiner, William, Richard Abel and Austin Sarat, ‘The Emergence and Transformation of
Disputes: Naming, Blaming, Claiming…’ (1980-1981) 15 Law and Society Review 631
Jones, Trish, and Andrea Bodtker, ‘Mediating with Heart in Mind: Addressing Emotion in
Mediation Practice’ (2001) 17 Negotiation Journal 217
Macfarlane, Julie, ‘Evolution of the New Lawyer: How Lawyers are Reshaping the Practice of
Law’ (2008) 61 Journal of Dispute Resolution
Poitras, Jean, Arnaud Stimec and Jean-Francois Roberg, ‘The Negative Impact of Attorneys on
Mediation Outcomes: A Myth or a Reality?’ (2010) 26 Negotiation Journal 9 (Links to an
external site.)
Rochelle Almengor, ‘Reflective practice and mediator learning: A current review’ (2017)
36 Conflict Resolution Quarterly 21

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Rundle, Olivia, ‘A Spectrum of Contributions that Lawyers can Make to Mediation’ (2009)
20 Australasian Dispute Resolution Journal 220 (Links to an external site.)