MEDIATION AND CONFLICT MANAGEMENT
1.INTRODUCTION
Mediation is a method of resolving conflicts and problems by enlisting the help of a third party to assist conversation and problem-solving. Borrowers and lenders make all decisions and make all recommendations. All parties come to mediation with the assumption that they will work together to find a mutually acceptable solution that addresses both of their requirements as effectively as feasible. The reason as tow why mediation is a better problem-solving method because the third party is involved in the communication. Personal liability insurance claims, tenant/landlord problems, consumer product complaints, divorce and custody disputes, civil rights issues, employment and work-related disputes, and patent infringement cases are just a few of the areas where mediation has proven to be effective.
Mediation has several advantages:
1. It is a legally recognized confidential proceeding under Minnesota Statutes.
2. Mediation is an optional practice that is not legally binding unless all parties agree to a solution and sign a document declaring their consent.
3. Mediation is inexpensive or free because it does not require legal representation and relies on qualified mediators. It is critical to have legal counsel review all agreements and advise parties on the legal implications of proposed agreements.
4. The mediation session takes place in the community at a neutral venue that has been mutually agreed upon.
In this case for example we are going to discuss a scenario of tenant-landlord mediation.
2.OCCURENCE AND CAUSES OF THE CONFLICT
In the case of tenant-landlord in the video case, the main cause of conflict is the failure of Mr. Dennis to pay the rent at the required time. He has several months accrual rent arrears that the landlord in this case Madam Linda cannot take anymore. She demands that the tenant is supposed to move out because he cannot pay the rent, but the tenant has nowhere to go. Mr. Denis has no job now, and he is not sure about when to get the job although he has some applications aired out as he is looking for employment. He promises to pay the rent arrears by July, but Mrs. Linda cannot take it because she is not sure if Mr. Dennis can meet the promise. She feels that not even mediation can work for them because She had confronted the tenant earlier. Madam Linda imposes high fines on Mr. Dennis which he is not able to comply to.
3.EFFECTIVENESS OF THE MEDIATION APPROACH USED
The approach that was used for this event is facilitative mediation. In facilitative mediation, all decision-making authority is delegated to the participants; the mediator has no such authority. This is founded on the assumption that the people engaged in the circumstance know best what they need for themselves and from each other. Facilitative mediation assists parties in a disagreement in making their own judgments in the assumption that such decisions will be the greatest fit and hence the most long-term. The mediator provides a structured method for the parties to employ in order to find mutually acceptable solutions. Before being brought together for a combined session, the process begins with private, individual sessions. This method is well suited to issues involving relationships, such as workplace disputes, community conflicts, or client conflicts to reach a fair solution. In our scenario, the mediator is a formal one and uses a caucus method to solve the conflict. This was achieved by listening to both parties and later bringing them together to reach a decision on how Dennis is going to clear his arrears.
The mediator followed procedure shown below.
(i) Establishing the ground rules to ensure everyone complies to the mediation procedure.
(ii) Having a frank discussion with each individual and listening to them actively, asking them questions to enhance them make the correct decisions.
(iii) Exploring the issues together. Linda and Dennis are brought together by the mediator to discuss on the final decision while evaluating each issue raised by the separate individuals.
(iv) Negotiating and compromise. The mediator helps Dennis negotiate for the wavering of the costs to Linda as they state terms. They consider each other situation and come to a final agreement of what Dennis should pay.
(v) Creation of a written agreement. Once they reached an agreement, there was a necessity of writing down, so that it can define the terms of the agreement. Dennis is set to pay the remaining amount signed against eviction. These necessitates obedience to the terms.
4. OTHER APPROACH
Use of the traditional approach of conflict management could have been more effective. The oldest perspective on organizational issues is the conventional approach to conflict. It was created in the 1930s and is the most basic technique to dispute resolution. Managers, according to the conventional method, should manage conflict by identifying the factors that aren’t working. Furthermore, the conventional approach to conflict stresses miscommunication, employee disagreements, trust concerns, and managers’ or corporate owners’ carelessness towards employee needs and expectations.
Linda and Dennis were once friends and the conflicts emerged when he could no longer pay rent. Instead of Linda filing a case against him that could result to more chrges,they would have just communicated well together. She should understand that probably Dennis was ashamed of his ability that is why he could not pick up the calls. Adding up charges on him can result to his inability to even pay the required amount. However, Dennis could have informed the landlord early of his inability to pay the rent, and she could have understood because he was not used to delaying rent. Instead of promising false payments dates to the landlady that made her angry about him, he could just have been honest.
5.MEDIATION TECHNIQUES
(i) Active listening- The technique of obtaining information from another person or group is known as active listening. It entails paying attention to the discourse, refraining from interrupting, and taking the time to fully comprehend what the speaker is saying. in this scenario the mediator tends to listen to both and encourages them to listen to each other to ensure a fair decision is made at the end of the conflict.
(ii) Use of questions- Questions in a mediation scenario helps in self search. It gives an individual to think about their point if it is fair to the other person. The mediator has widely used this technique to get to understand everyone’s point of view about the matter. This technique helped Linda become considerate for Dennis.
(iii) The mirroring technique-this is trying to repeat the last three words of what someone has just said in a calm, comforting voice. “Please, assist me in understanding,” should be the goal. This can build trust and show that you care about the other person. Mr. Dennis is calm throughout the session, and he keeps repeating that what the mediator sys that what he has done is not right. Linda is at the beginning so angry but calms down at the end.
6. OTHER TECHNIQUES
(iv)The” slow it down” technique- Take a deep breath in and out. You are not obligated to resolve a problem right now. You don’t have to alter the other person’s thinking to come up with a suitable solution for you both. Linda is at first very demanding and impatient. She commands for the payment and weighs it with eviction. However, in a proper mediation session people are supposed to calm down and listen to each other even when it seems hard.
(v)Proper use and awareness of fairness- If someone says, “that’s not fair,” rather than trying to fight, ask them how it is not fair. Alternatively, to foster a more collaborative workplace, utilize the word “fair” in a proactive manner. “I want to make sure you feel treated fairly,” or something along those lines. If you believe I’m being unjust, please stop me at any point and we’ll talk about it.”
(vi)Proper turn taking- in a mediation session, one should avoid interrupting as the other person speaks. This was not demonstrated because the mediator is seen frequently asking the members to let the other person speak first.
7.LESSON LEARNT
a) As a mediator one has the power to make a difference even in a situation that seems in corpora table.
b) The event prompted me to research the value of mediation. Everyone, as humans with a heart and a mind, requires some assistance. Everyone wants to be heard and understood.
c) It is important to try solving things first before exploring higher levels. The fact that Linda did not file for eviction and opted for mediation gives me a lesson of learning to be humble regardless.
d) I have understood that sometimes when it does not go well with a on eon one conversation it is always good to involve a third party to ensure you do not cause the other party harm.
8.IMPACT OF THE LESSONS LEARNT
In future, where an argument evolves, I would rather not be rude to the person. Instead, it will be wise to sit down, listen to each other and try to figure out a solution.
Where it might seem impossible it will be great involving a third party.
To avoid future disagreements also it is good to analyze an agreement analysis containing the guidelines.
I can nearly always resolve a dispute faster if I avoid rude words and behaviors.
Two essential skills must be learned and practiced in order to properly resolve a conflict: Quick stress relief: the capacity to alleviate tension swiftly in the heat of the moment.
9.CONCLUSION
Always try to solve conflicts in a peaceful manner. Even if it’s not always easy, try to remain cool in order to avoid escalating the issue. Then sit down and have a courteous and civil discussion with the other person. Even if you disagree with what the other person is saying, don’t interrupt them since it will simply exacerbate the disagreement. Your capacity to properly settle disagreement is contingent on your ability to: Manage tension rapidly while being aware and composed. You can effectively read and comprehend verbal and nonverbal communication if you remain calm. Control your feelings and actions. However sometimes it turns to be so tough and here you require a third person called the mediator. It is critical that the mediator be substantively equipped for their job, that they have received enough training, that they have acquired the necessary information, and that they have the competence to manage a mediation process that results in an agreement. The mediator should be a good role model who establishes relationships with participants quickly and effectively. It is undeniable that the mediator should be liked and respected by the parties involved in the disagreement. Both personality and expertise are required of a skilled mediator.
We improve the importance and functions of mediators in society by summarizing mediation as an alternative conflict resolution procedure as well as ways for voluntary issue settlement. Disputes and confrontations elicit negative emotions, which can be converted into good ones through mediation, or the problem’s viewpoint can be altered. Mediation aids in the understanding of one’s own conduct and the vision of life without conflict. The conflict that emotionally destructs the players and the surroundings is the conflict that causes the conflict to escalate. Everyone has the right to mediation and raising awareness in society through social actions has led to an increase in the usage of this approach.
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