RMIT UCM Assessment 3: Mediation Process Factors and Strategies

This essay delves into the mediation process, a crucial method of dispute resolution. It highlights key factors that contribute to a successful mediation, such as the parties' genuine desire to resolve the conflict, the presence of decision-makers, effective listening, creativity, and confidentiality. Furthermore, the essay explores various strategies employed by mediators to facilitate successful outcomes, including creating safe communication spaces, establishing codes of conduct, and helping disputants redefine the problem. The importance of considering cultural contexts in mediation is also addressed. This essay is written in response to the UCM Assessment 3, which required an essay format, Harvard referencing, and a word limit of 1,000 words, excluding the bibliography. The essay emphasizes the significance of negotiation over confrontation and the need for mediators to manage diverse challenges in social conflicts.

Running head: MEDIATION PROCESS
Mediation Process
Name of the student
Name of the University
Author note

1MEDIATION PROCESS
Mediation refers to dispute resolution process that helps in guiding the parties towards
the resolution. The mediation process with the help of the joint sessions helps both the sides
in defining the issues in a clear manner. It helps in understanding the position of other people
that can help it in moving closer to the process of the resolution. This essay throws light on
the factors that can make a mediation process successful. The essay also discusses about the
strategies that can be used by the mediator for accomplishing the process of the successful
mediation.
There are various kinds of factors that can help in making the mediation process
successful. There should be a genuine desire of trying to resolve the conflict that can help in
making the process of the mediation successful. The parties should have desire of engaging in
the negotiations that can pave the path for the settlement. The parties should be equipped with
the desire of settling case. The decision makers should be present at session that can help in
making the mediation process successful. The decision makers should attend mediation and
should have the ability of committing to relief that is being sought by the opponent (Tang
1998). The mediation process can be made successful with the help of listening that can help
in settling the dispute. Listening requires maturity along with the patience that can aid in the
process of the mediation. Effective mediation involves listening to what the opponent is
trying to convey. Listening can help in yielding understanding and the understanding can
pave the path for the agreement. The parties involved in the mediation should have creativity
that can play an important role in settling the dispute. The disputes can be resolved with the
help of the new terms that should be considered by the parties before the process of the
mediation (Berger 2018). The parties who are involved should be able to respond to the
unexpected events that can act as a key in relation to the successful process of the mediation.
There should be confidentiality in relation to the communication that can help in ensuring
that the process of the mediation has been successful. The confidentiality can help in

2MEDIATION PROCESS
protecting statements that have been made at the mediation that can facilitate the process of
the mediation.
There are various kinds of strategies that can be used by the mediator for facilitating
the process of the successful mediation. The people should be convinced that the process of
negotiation is better than that of continued confrontation that can help in assisting the process
of mediation. The safe places of the communication should be created that can help in
carrying out the process of the mediation. The mediators should have the codes of the
conduct that can help in settling the dispute. The mediators who deal with the social conflicts
have to manage complex along with the diverse set of the challenges (Wallensteen 2018).
The people should think regarding the best way that can help in sequencing issues that are
involved in the conflict. The safe spaces for the communication should be created that can
help in resolving the misunderstandings. Supportive climate should be created that can make
the parties feel comfortable about the differences (Singer 2018). The parties should enter the
mediation with own interpretation of problem that can act as a successful strategy in relation
to mediation. The mediator should help the disputants in redefining manner of dispute that
can help in working towards common definition of problem. The option identification is an
important means that can help in resolving of conflicts (Väyrynen 2018). The parties should
be able to identify the issues that are under the contention that can help in advancing the
interest of the parties.
Mediation is indicative of process of the dispute resolution that can be useful to guide
the parties towards that of resolution. Mediation process can be conducted with the help of
joint sessions that can be helpful for the parties who are involved in the dispute. The parties
should possess the desire of resolving conflict that can help the mediation process in being
successful. The parties should engage themselves in negotiations that can help in process of
settlement. There should be safe spaces pertaining to communication that can help in

3MEDIATION PROCESS
effective implementation of the mediation process. The mediators having codes of conduct
can help in the arena of dispute resolution. The mediators who deal with that of social
conflicts have the responsibility of managing the diverse challenges.

4MEDIATION PROCESS
References
Berger, P.L., 2018. Conclusion: general observations on normative conflicts and mediation.
In The limits of social cohesion (pp. 352-372). Routledge.
Singer, L., 2018. Settling disputes: Conflict resolution in business, families, and the legal
system. Routledge.
Tang, H., 1998. Is there an expanding culture that favors combining arbitration with
conciliation or other ADR procedures. International dispute resolution: towards an
international arbitration culture, 8, pp.101-120.
Väyrynen, T., 2018. Culture and international conflict resolution: A critical analysis of the
work of John Burton.
Wallensteen, P., 2018. Understanding conflict resolution. SAGE Publications Limited.
Reading Material
The mediators opening statement: Margaret Halsmith