University Name - Mediation and Reflective Report: Conflict Resolution

This report provides a comprehensive analysis of mediation within the context of conflict management, using a Tennessee mediation video as a case study. The report begins by identifying the causes and manifestations of the conflict, which stemmed from a divorce and financial disagreements regarding the family home. It then examines the effectiveness of the Functional Mediation Model (FMM), which includes introduction, story-telling, problem-solving, and resolution phases, and discusses why alternative conflict management approaches might be beneficial. The report identifies and describes three effective mediation techniques employed during the session, such as considering disputants' suggestions, focusing on emotions, and building trust. Furthermore, it recommends three additional mediation techniques – transformative, narrative, and evaluative mediation – and explains their potential benefits. Finally, the report concludes with a self-reflection, highlighting the insights gained from the case study and how these insights can improve future mediator roles, emphasizing the importance of understanding both parties' perspectives, and the role of body language in mediation.

Running Head: MEDIATION
Topic- mediation and reflective report
Student name
University name
Author notes

2MEDIATION
EXECUTIVE SUMMARY
The paper is based on the importance of mediation in conflict management. A Tennessee
mediation video is used as the case study and based on that the various aspects of the process of
mediation are discussed. Here the main cause of dispute was family oriented resulting from
divorce decision. Affording the home was the main cause of conflict. The mediator used the
FMM (Functional Mediation Model) for conflict resolution where the structure of introduction,
story-telling, problem solving and resolution is used effectively. Both parties are listened
carefully and a number of options are evaluated and the most effective ones are recommended
for final decision making. A Memorandum of Understanding is made and signed by both parties
with their mutual agreement support. Based on this a self-reflection is provided where mediator
roles and responsibilities are emphasized upon to support future role play of mediator in a more
comprehensive manner.

3MEDIATION
TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................4
CAUSATION AND MANIFESTATION OF CONFLICT............................................................5
APPLICATION OF THE FMM MODEL.......................................................................................5
THREE EFFECTIVE MEDIATION TECHNIQUES USED.........................................................6
RECOMMENDATIONS OF THREE OTHER MEDIATION TECHNIQUES.............................8
SELF-REFLECTION......................................................................................................................9
CONCLUSION..............................................................................................................................11
REFERENCES..............................................................................................................................12

4MEDIATION
INTRODUCTION
Managing conflict is not an easy task and requires intense support and careful handling of
the situation. It is believed that in conflict management an ounce of mediation is thousand times
worth than a pound of arbitration and a ton of litigation (Moore, 2014). Keeping this in mind,
this reflective report aims to explore the role played by mediation in the conflict management
process. Mediation is a unique form of Alternative Dispute Resolution (Goldberg et al., 2014).
The report is based on the Tennessee-mediation video observation and there are five major aims
covered in the whole write-up (TennesseeMediation, 2011). First, the causes of conflict are
understood and then manifestation process is described. In the second part the functional
mediation model (FMM) is explored and other more effective conflict management approaches
are discussed as well. Then in the next segment three most effective mediation techniques are
identified and their practical implications are discussed. Fourthly, three other mediation
techniques are recommended for dispute resolution. And finally, a self-reflection is provided that
describes how the present observed conflict will help in better understanding of past conflicting
situations and help in improving the mediating roles.

5MEDIATION
CAUSATION AND MANIFESTATION OF CONFLICT
The conflict situation arises as a result of the divorce decision between Harry and Sally.
Both are Tennessee residents who are in the midst of their divorce. The main problem arises in
the case of affording the house (TennesseeMediation, 2011). It is a structural conflict of
ownership where interest-based negotiation will work best. Harry is basically the primary earner
of the house and Sally also earned a bit but her income does not justify the household expenses
and support the quality of life they live in. Sally wants to keep the home and also want to have a
separate home for their 13-year-old son Billy which is quite impractical as per Harry and cannot
be done with child care support as well. Sally need to have another good job but if she does that
then Billy will be abandoned which both parents don’t want. Moreover, there is a lot of
substantial mortgage in the house and payments need to be made timely (TennesseeMediation,
2011). Harry do not want to lose the house as Sally will have the ownership of the house as per
divorce settlements. Also, after divorce, she will not be able to afford it by her limited income
and saving the house will be much tougher. Ultimately Sally will come back to Harry for help.
So, in order to have a justification for the issue they both took help of Jean Munroe, a
professional mediator and their respective lawyers to come up to a valid conclusion through the
process of mediation (TennesseeMediation, 2011).
APPLICATION OF THE FMM MODEL
Mediation is more effective than general court hearings which takes weeks to resolve and
the privacy of the parties are not maintained as well. In this context the functional mediation
model (FMM) is best suited as it provides a comprehensive framework of justification and
validity (VanderWeele, 2015). It incorporates four basic stages of introduction, story-telling,
problem-solving and end resolution. First, all parties were briefly introduced by the Mediator

6MEDIATION
who also introduced herself as well. Both parties are heard and then a final resolution is agreed
upon by mutual understanding and decisions are kept confidential (Singer, 2018). Then the
various rules and regulations were summarized to both parties which includes no information
used there can be used in court or could be taken to court for justification and should be kept
confidential, impartial engagement of the mediator having no personal interests, honesty to
disclosure of hidden facts to support end decisions, voluntary participation in decision-making,
coercion-free decision and showing of mutual respect for one another (Coleman, Deutsch &
Marcus, 2014). In story telling each party is recommended to tell from their own perspectives,
their goals, concerns and their needs in the session. The session needs to be more open ended and
flexible to reach to the most effective decision for both parties (Eisenkopf & Bächtiger, 2013).
Any kind of aggressiveness is not to be supported and a humbler interactive session is to be
conducted. In the next stage of problem- solving all possible options are to be considered and
they will be evaluated from both parties’ prospective (Picard & Siltanen, 2013). And finally, a
mutual agreement is to be reached at that will resolve the conflict situation to the best possible
manner. Here collaborative conflict management strategy is used and an 8-month time interval is
provided to sort out things better. Accommodating approach of conflict management could be
helpful in this regard as well and family harmony could have been supported a large keeping
their son in mind (Ross & Lazinski, 2014).
THREE EFFECTIVE MEDIATION TECHNIQUES USED
Three effective mediation techniques used are
 Consideration of disputants’ suggestions and their own pre-decided solutions if any.

7MEDIATION
 Increased attention given to the disputants’ emotions, family relationships, and the main
sources of conflict (Jameson, Sohan & Hodge, 2014).
 Mediation work emphasized on building trust and rapport, empathy showing or praising
the disputants and also structuring the agenda for the day.
Here both parties are heard and their suggestions are considered for the final result. All kind
of support were agreed to be provided, for instance if any party wished to privately talk on
person that facility is also to be provided by arranging a separate room of discussion (Midgley &
Pinzón, 2013). In the case study, Harry provided his view of the dispute and Sally her own. Apart
from that the mediator, Jean Munroe, also emphasized on their 13-year-old son’s case and
provided more attention to the emotions and relationships of her clients. She also focused on the
main source of conflict which is, Sally being unable to afford the house. She provided the agenda
for the day before proceeding with the main mediation session and debriefed how the process
will work to come to a valid conclusion. At the end of the session a mutual agreement is drawn
keeping both parties’ interests on mind (Finkel et al., 2013). A memorandum of understanding is
developed where both parties need to abide by the Memorandum of understanding that is to be
put in the legal lease and is to be presented before the court for court signature (Katan, 2014).
The following conclusions were reached after active interaction and deeper engagement
resulting from effective utilization of the mediation techniques mentioned above. It was decided
that either together have a better job or Sally should look for a second job. In other cases, it was
advised to delay the divorce for a period of time to see if things change and work in their favor.
Also, their son Billy is 5 more years to majority and so he needs to be looked after till then
(TennesseeMediation, 2011). They were advised to engage themselves in their co-parenting time
and could also look for alternative child support if possible. Each of them will have to pay half of

8MEDIATION
the mortgage for the next 8 months when Sally could find a new and better job for her in this
time period. Sally will attempt to refinance the house within that 8 months and if she fails to do
so she will sell the house (TennesseeMediation, 2011). She will find another house in the same
school district. Equity was divided among both parties in the ratio 1:3 (Harry 25k and Sally 75k).
RECOMMENDATIONS OF THREE OTHER MEDIATION TECHNIQUES
Here in the case study provided, mainly FMM model and facilitative mediation
technique is used for the mediation and collaborative strategic decision-making tool is used for
drawing final results. The three aspects of satisfaction of both parties need to be met in order to
have an effective mediation outcome that is, the satisfaction triangle of procedural, emotional
and substantive needs and interests need to be fulfilled (Redpath et al., 2013). The other
mediation techniques that could be more impactful are transformative mediation, narrative
mediation and evaluative techniques supported by compromising conflict resolution (Marlow &
Sauber, 2013). In transformative technique of mediation, it is assumed that the parties understand
their relationship well and their behavioral history is pre-defined with proper reasonable support.
Empowerment and recognition development are supported where relationship remains in the
main focus (Roberts, 2016). Understanding each other many at times lead to no agreement and
the relationship may become good as well. Some time is to be provided to rethink and make wise
decisions thereupon. Narrative technique is best suited for on-going relationship conflicts like
divorce (Wang, 2013). It focuses on stories of both parties and then help is provided in the
development of a new story that will support both parties in resolving conflicts and move
forward with a new relationship. In the case it is found that Harry has done the majority of
talking while Sally’s opinion was a minimal. If the narrative technique is used instead, then Sally
could have been more open and questioning session could be more influential and interaction

9MEDIATION
would have been more profound. In the case of evaluative technique to be used for the case, the
mediator herself could have provided some advisory opinion on legal merits of the interests of
both Harry and Sally. The mediator could evaluate both parties’ opinions and then could have
suggested an impartial decision on the interest of the clients mentioning the key points
mentioned by each client beforehand. But it may create opposite results in some cases where
clients focus on making the case stronger instead of focusing on some mutual agreed solution
(Baitar et al., 2013).
SELF-REFLECTION
Well, the provided case study conflict video, has helped me a lot in understanding my
previous mediator role in conflict management in a better manner. It has widened my knowledge
of conflict resolution and I have understood that both parties need to be given equal importance
and should be heard equally. One thing is clear from the video lesson is that, Sally could have
been more open about her opinions as Harry and the mediator could have arranged for a separate
room to have Sally heard better. The level of interaction needs to be more effective and both
parties should talk their mind out in front of the mediator. The body language at times may speak
the truth and the mediator need to be a good observer and a listener as well. In the case the body
language of Sally shows that she is not as much satisfied as Harry is after the mediation
procedure. And as a mediator I should have read her body language better. I have learnt that
personal relationships need to be emphasized more while mediating as in most cases conflict
arises out of personal differences. I need to be more empathetic and patience while dealing with
the clients and need to consider all possible angles of the case. The mediator in the case asked for
each parties’ consent before final signing process of the Memorandum of Understanding which
is a fair practice and she also introduced all relevant persons associated with the case in a very

10MEDIATION
lucid manner which is also a good procedural approach. But she could have provided a brief of
the case history to all so that the level of attention increased for all parties. I have also learnt the
importance of FMM model in mediation and how it helps in effective and smooth flow of
processes. However, I have learnt how a well-framed mediation process works quite vividly and
for a less-experienced mediator like me this session is really fruitful in enhancing knowledge of a
true mediation session.

11MEDIATION
CONCLUSION
To conclude the paper, it could be said that mediation is the best mode of conflict
management which focuses on drawing of mutually acceptable solutions. It is confidential on
one hand and supports voluntary engagement of both parties (Roberts, 2016). No coercion is
supported and the third-party mediator help in negotiation that focuses on collaborative approach
of problem solving in most cases. The various styles of mediation like transformative,
facilitative, evaluative and narrative mediation are discussed here with primary focus on the
FMM model and its steps of introduction, story-telling, problem solving and resolution
(Eisenkopf & Bächtiger, 2013). Importance of both party involvement has been understood well
and how the Memorandum of Understanding plays the most crucial role in final decision-making
is also comprehended well. So, a clear picture of an overall mediation process of family conflict
situation is well perceived and based on that wider picture of general mediation process is
understood at large.

12MEDIATION
REFERENCES
Baitar, R., Buysse, A., Brondeel, R., De Mol, J., & Rober, P. (2013). Styles and goals: Clarifying
the professional identity of divorce mediation. Conflict Resolution Quarterly, 31(1), 57-
78.
Coleman, P. T., Deutsch, M., & Marcus, E. C. (Eds.). (2014). The handbook of conflict
resolution: Theory and practice. 3rd ed. John Wiley & Sons.
Eisenkopf, G., & Bächtiger, A. (2013). Mediation and conflict prevention. Journal of Conflict
Resolution, 57(4), 570-597.
Finkel, E. J., Slotter, E. B., Luchies, L. B., Walton, G. M., & Gross, J. J. (2013). A brief
intervention to promote conflict reappraisal preserves marital quality over
time. Psychological Science, 24(8), 1595-1601.
Goldberg, S. B., Sander, F. E., Rogers, N. H., & Cole, S. R. (2014). Dispute resolution:
Negotiation, mediation and other processes. Wolters Kluwer Law & Business.
Jameson, J. K., Sohan, D., & Hodge, J. (2014). Turning points and conflict transformation in
mediation. Negotiation Journal, 30(2), 209-229.
Katan, D. (2014). Translating cultures: An introduction for translators, interpreters and
mediators. 2nd ed. Routledge.
Marlow, L., & Sauber, S. R. (2013). The handbook of divorce mediation. 1st ed. Springer Science
& Business Media.
Midgley, G., & Pinzón, L. A. (2013). Systemic mediation: Moral reasoning and boundaries of
concern. Systems Research and Behavioral Science, 30(5), 607-632.