Mediation Reflection Report

Mediation Reflection Report

Introduction

As argued by Georgakopoulos (2017) conflicts are a part of human interactions. It is impossible for people to avoid conflicts all together regardless of their efforts. Whenever a conflict arises, parties involved should look for ways to resolve it as unresolved conflicts can easily result into serious confrontations. There are various approaches to conflict resolution. Mediation is one such approach. Mediation is the process through which parties involved in conflict can resolve their dispute with the help of an impartial third party (Georgakopoulos, 2017). In this report, I reflect on a mediation session to determine how it was effectively or ineffectively mediated. To do this, I will first identify and describe the cause of the conflict in the session and how it manifested. I will also explain how the mediation approach used was effective and why another approach might have been more effective. Moreover, I will describe three mediation techniques that were used effectively in this session and recommend other mediation techniques that could have been used to enhance the mediation process. Lastly, I will describe how this conflict has helped me understand my own past experiences and how I can use this new knowledge to improve my mediation skills.

The Cause of the Conflict and how it Manifested

According to Georgakopoulos (2017), the causes of conflicts vary. Mayer’s (2000) Wheel of Conflict classifies the causes of conflicts based on the unfulfilled needs of the individuals involved in a conflict. According to Mayer, the cause of a conflict can be related to communication, values, structures, history and emotions. Equally, consistent with Whetton and Cameron (2007), conflicts can arise as a result of personal differences, informational deficiencies, role incompatibility and environment stress. The conflict in the case is an interpersonal conflict as it occurred between individuals, a car dealer and a car owner. The causes of the conflict include difference in point of view, communication, conflict of interest and emotions. The conflict started when the Daisy Aschehoug’s (car owner) car broke down after purchasing it from Lisa Jacobs (car dealer). The car dealership gave Daisy a 90 days warranty. This meant that the car dealership would cover repair expenses for any mechanical problems within this period. However, the car broke down outside the 90 days period. The car dealership was of the view that it was not liable for the car’s mechanical problems as these arose outside the warranty period. Daisy, on the other hand, was of the view that it was too soon for the car to break down regardless of whether this was within the warranty period or not.

Conflicts manifest in different ways. Some behaviors that signal a conflict manifestation include aggression, sabotage, withdrawal and apathy among others (Eunson, 2007). After the car broke down, Lisa tried to contact the car dealership in vain. She decided to visit the dealership, causing a commotion and showing high emotions. She clearly demonstrated that she was angry with the situation and was asked to leave the car dealership premise as she was making other customers uncomfortable. As stated by Eunson (2007), handling a conflict immediately after it is manifested helps in ensuring it does not escalate into a serious problem. The car dealership failed to respond to Daisy’s efforts to get in touch with them. Consequently, she felt frustrated and was forced to visit their shop and, upon arrival, she did not receive the help she had expected. Consistent with the spiral of conflict escalation, unresolved conflicts may start as minor irritations (Eunson, 2007). However, as the conflict escalates parties involved may begin to display behaviors such as complaining, open arguments and anger (Eunson, 2007). This did happen in the Lisa and Daisy mediation session. As the conflict remained unresolved Daisy grew less and less patient and unwilling to resolve the conflict in a professional manner.

Mediation Approach

The mediator in the Lisa and Daisy mediation session follows a standard model of mediation. It is clear that the mediator follows a number of steps starting from opening statements to reaching an agreement. As such, to some extent, the mediation process is guided. According to Tillet and French (2006), to effectively resolve a conflict, a process must be followed. This ensures that all issues relating to a conflict are identified, are sufficiently explored and evaluated and tested. This also helps in ensuring that the process of coming up with a resolution is not rushed into. Tillet and French (2006), further note that rushing the conflict resolution process can result in some issues remaining unaddressed, which increases the risk of the conflict arising in the future. Failure to follow a process also increases the risk of a mediation process ending in failure (Tillet & French, 2006). By following a number of steps, the mediator in the Lisa and Daisy mediation session was able to mitigate the aforementioned risks. However, the steps in the standard model of mediation are not detailed. Perhaps another mediation approach might have been more effective.

As argued by Moore (2014), it is important to have a detailed model, such as the balanced model of mediation, when planning a mediation process. The balanced mediation approach consists of six major steps including the opening remark, storytelling, agenda building, negotiation, testing the agreement and drafting a settlement agreement and closure (McCorkle & Reese, 2014). Moore (2014) further breaks down the opening remarks stage in 11 steps. These include the introduction, confirmation of readiness to cooperate, definition of the mediator’s and mediation role, statement of impartiality and neutrality, explanation of private meetings and caucus, explanation of mediation procedures, discussion of issues of confidentiality, proposals of behavioral guidelines, description of logistics, responding to questions and commitment to start mediation. This mediation approach is very detailed and, as such, could have been used by the mediator in the Lisa and Daisy mediation session to ensure every issue was identified and addressed. According to McCorkle and Reese (2014), following detailed steps also enables the mediator to guide the mediation process with ease. The risk of rushing the mediation process is also reduced.

Effective Mediation Technique

One technique the mediator uses effectively is assuring both Lisa and Daisy that the mediation process is confidential. As argued by Moore (2014), providing an assurance that the information shared by the parties in a conflict will be treated as confidential helps in building trust in the mediation process. Equally, this facilitates disclosure. Individuals are less likely to disclose personal information or needs if they even suspect that it might be exposed to the public or used against them (Moore, 2014). The risk of a mediation process ending up in failure is very high if the parties fail to share the information the mediator requires to guide the process (McCorkle & Reese, 2014). Essentially, by pledging confidentiality, the mediator in Lisa and Daisy mediation session created an environment where the two could freely disclose their issues.

The mediator also takes advantage of active listening skills to encourage story telling. She tries her best not to interrupt the parties involved in a conflict while they are speaking. The mediator uses both reframing and paraphrasing to provide feedback to the both Lisa and Daisy. Reframing is one of the tools that can be used in the mediation process to eliminate certain words that can elicit high emotions (McCorkle & Reese, 2014). Active listening not only encourages storytelling but also enables the mediator to hear and understand what the parties are trying to communicate. As a result, the mediator is able to tell what is important to the parties and identify real issues (Coburn, 2012). Clearly, Active listening helped the mediator to effectively assist Lisa and Daisy to arrive at a solution to their dispute.

 The mediator in the mediation session also uses appropriate language. She avoid the use of language that sounds positional and, instead speaks in a manner that serves the interests of the parties. She also avoids blaming language as according to Moore (2014), this can evoke an emotional response from the one or both parties involved in a conflict. The mediator also uses a neutral language to avoid creating the impression that she is biased. A biased language can result in parties failing to reach an agreement (Moore, 2014).

Recommendation of Other Mediation Techniques

Even though the mediator engages in active listening skills, she did not use them well enough. For example, at 22:43 minute mark, the mediator almost interrupts Lisa (the car dealer) while she was still speaking. As stated by Fischer-Lokou et al. (2016), interrupting a party in a mediation process while they are speaking can create the impression that the mediator is less interested in what the speaker has to say. This also communicates impatience on the part of the mediator. Consequently, this can hinder the story-telling. The risk of the mediator failing to identify and understand all the issues relating to the conflict is increased if he or she fails to engage in active listening. Even though the mediator in the Lisa and Daisy case was not affected in a similar manner, she risked failing to resolve the dispute.

The mediator in the Lisa and Daisy mediation case also needed to provide more information about herself. For example, she needed to provide information about her background and experience. Many individuals enter the mediation process unsure if they will receive the help they require to settle their dispute (Wall & Dunne, 2012). Some may be skeptical if the mediator has the skills and knowledge to successful manage their situation. By providing information on their experience and background, a mediator provides an assurance that they have what it takes to guide the parties involved in a conflict to reach a resolution (Moore, 2014). This can also help in easing tensions among the parties.

The mediator in the session could also have built her procedural credibility by providing the parties with more information regarding her role as a mediator. It is clear that both Lisa and Daisy had never used mediation before. Individuals who are using the mediation process for the first time may be anxious about what to expect from the mediator. This tension is eased by the mediator educating the parties about their role among other factors (Lang & Taylor, 2012). The mediator tried to achieve this goal by explaining to the parties that the information they share will be treated with the highest level of confidentiality. She also explained to the parties that the mediation process could include both caucuses and joint meetings. Basically, explaining her role could have enhanced her procedural credibility and the parties’ commitment to the mediation process.

Reflection

I have always wanted to have a good understanding of the different approaches I can use to get other people’s side of the story in a conflict. This is because my past experience with conflicts have revealed that failure to understand and acknowledge the other party’s point of view, needs or issues increases the risk that a conflict will escalate into a serious problem. According to Moore (2014) techniques such as active listening, restatement, paraphrasing, summarization, the use of probing questions and asking questions of clarification facilitate communication and enhances a mediator’s understanding of the conflict. I intend to use this knowledge to improve my skills as a mediator in the future as I believe, by having a clear understanding of the issues raised by the parties in a conflict, this can help me prioritize issues and increase the chances of mediation success.

Conclusion

Mediator in the Lisa and Daisy mediation session use an effective approach in helping the parties to reach a resolution. However, following a balanced mediation approach could have further enhanced her effectiveness. The mediator uses effective mediation techniques such as promising confidentiality, using active listening skills and using appropriate language. The mediator would have further enhanced her effectiveness by engaging more in active listening, educating the parties about the mediation process and providing more information about her qualifications. Overall, the mediator managed to achieve her goal.

References

Coburn, C. (2012). Developing Listening and Suspension Capacities for Mediators. Australasian Dispute Resolution Journal, 23(2), 99-105.

Eunson, B. (2007). Conflict Management. Milton, Australia: John Wiley & Sons.

Fischer-Lokou, J., Lamy, L., Gueguen, N., & Dubarry, A. (2016). Effects of Active Listening, Formulation, and Immitation of Mediator Success: Preliminary Results. Psychological Reports, 118(3), 994-1010.

Georgakopoulos, A. (2017). The Mediation Handbook: Research, Theory, and Practice. London: Routledge.

Lang, M. D., & Taylor, A. (2012). The Making of a Mediator: Developing Artistry in Practice. San Francisco: Jossey-Bass.

Mayer, B. (2000). The Dynamics of Conflict Resolution: A Practitioner’s Guide. San Francisco: Jossey-Bass Publishers.

McCorkle, S., & Reese, M. (2014). Mediation Theory and Practice. Thousand Oaks: SAGE Publications, Inc.

Moore, C. (2014). The Mediation Process: Practical Strategies for Resolving Conflict. San Francisco: Jossey Bass.

Tillet, G., & French, B. (2006). Resolving Conflict: a practical approach. Oxford: Oxford University Press.

Wall, J. A., & Dunne, T. C. (2012). Mediation Research: A Current Review. Negotiation Journal, 28(2).

Whetton, D., & Cameron, K. (2007). Developing Management Skills . Upper Saddle River, NJ: Pearson Education.