Mediation And Dispute Resolution Fiu Lbs3468 Ch 2 Notes

2697 words - 11 pages

LBS 3468 CHAPTER 2 Notes
THE BASIC COMPONENT OF MEDIATION
Mediation Models
· Phases, steps or processes recommended for specific mediation contexts are organized into.
Conflict Management style
· Different models of mediation are used throughout the world and vary accordingly to their philosophical approaches, the emphasis given to specific components, and the unique demands of specialized context.
There are two primary philosophical approaches to mediation.
1. The transformative approach or
2. The problem-solving approach.
The Transformative approach
· Transformative Mediation or Conciliatory Mediation
· Is to build healthy relationships
· improve communication between parties
· create understanding
· promote healthy communities.
Bias to settle
· is seen as a weakness of the problem-solving approach where mediators subtly influence the parties toward settlement.
· Instead of focusing on the problems to be solved, the transformative mediator should focus on the growth of the individuals.
Transformation Mediators
· Assist the parties in discovering their personal values
· Empower the disputants’ inner strength
· Help each person recognize and empathize with the other party.
· Arrives with a mental map and list of questions to help the parties through a journey of self-discovery that may or may not lead to problem resolution.
· Assumes that once the parties are transformed, problem solving will follow naturally.
· Is neither unconcerned with the issue in a conflict nor uninterested in the resolution.
· The mark of this approach lies in the mediator’s insight in transforming the conflicting individuals from adversaries to collaborators.
· By-product will be a transformed relationship where the conflict is addressed in light of who the parties are to one another.
Self-determination
· Is by letting the parties make their own decisions
Problem-Solving Approach
· Assumes that, regardless of the context or the people involved, mediation is about helping people resolve their substantive issues.
· In this process of helping people resolve their issues, mediators may or may not explore into the emotional aspects that caused the conflict and may or may not help the individuals improve their relationship and communicative habits.
· Usually subscribes to a model with a more orderly and stately movement from one phrase of the process to another phase
· culminating in negotiations and settlement on the problem that brought the individuals to mediation.
· Small claims programs typically use this approach.
· Cases involve where parties who do not have a long-lasting relationship and may never see again.
· Focuses the mediation on the solutions that will resolve the issues that gave rise to the complaint.
Functional Models
· They focus on tasks that must be performed or result that must be achieved in a sequential order.
· Has several steps, with each one requiring unique mediator skills and processes.
The four-step model with subfunctions embedded with each steps....

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