Mediation is a process, and once it begins, the mediator may not have time to prepare for things that should have been done forehand. Therefore, in this case, I would prepare by establishing an agreement to engage in mediation, as proposed by Macmillan. This preparation would entail setting the terms of the mediation, such as place and venue for mediation.
During mediation, I would pay particular attention to the communication phase because it facilitates easier settlement of disputes. In this stage, the parties will acknowledge each other’s needs. Therefore, being vigilant about it would help develop a win-win solution for both parties.
In my view, I would relate better to Jon’s role because I prefer undertaking one task at a time. However, it would be essential to maintain neutrality in this scenario to promote justice (Stulberg, 2012). I would maintain neutrality in mediation by proposing my perspective and encouraging the two parties to scrutinize the proposal and come to a neutral position.
Opening Statement
Hello. Today I will guide you through a process that will help us understand the ongoing conflict and see whether we can establish a resolution that meets your individual needs.
Fractionation, Framing, Reframing, and Common Ground
Fractionation involves disintegrating a complex issue into small, manageable issues (Cooley, 2005)
Example: Brian tends to shift tasks frequently, but this began last year when there was a staff shortage in the firm.
Framing involves the mediator asking neutral questions without passing blame to the parties.
Example: “Both of you want to come to a common agreement, don’t you?”
Reframing involves the use of biased statements by the mediator.
Example: Brain, you have been making the office untidy with your several reference materials, haven’t you?
Common ground involves taking a different perspective on a situation.
Example: Both of you, despite your different working strategies, collaborate to promote the success of our organization.
Final Agreement from the Perspective of Jon and Brian, Respectively
- Brian should arrange his reference materials neatly on his desk to avoid cluttering the office.
- Jon should avoid using large sticky notes on the office walls by using online notes on his computer.
As a mediator, I require a range of skills to foster successful mediation. Some of the skills I need to develop include questioning and clarifying skills to help grasp both parties’ concerns and empathy skills to help the conflicting parties understand each other’s point of view. Fortunately, my leadership position at the community resources, which involves active interaction with subordinates, may provide an opportunity to develop these skills.
References
Cooley, J.W. (2005). Creative problem solver’s handbook for negotiators and mediators: A guide for practitioners, academics, and students of creative problem solving. American Bar Association Section of Dispute Resolution. ISBN: 1590313881X, 9781590313817.
Macmillan, R. (n.d.). A practical guide for mediators. http://www.macmillankeck.pro/media/pdf/A%20Practical%20Guide%20for%20Mediators.pdf
Stulberg, J.B. (2012). Must a mediator be neutral? You’d better believe it! 95 Marquette Law Review, 95(3)1-31. https://scholarship.law.marquette.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=5113&context=mulr
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