Mediation And Dispute Resolution Fiu Lbs3468 Summary

1525 words - 7 pages

CHAPTER 1. INTRODUCTION TO MEDIATION
Mediation:
· is a process where a 3rd party helps others manage their conflicts who is neutral and impartial, facilitates an interest-based communicative process, enabling disputing parties to explore concerns and to create outcomes.
· is a one form of Alternate Dispute Resolution (ADR).
· Is a philosophy of human nature.
· Is about empowering people to make their own informed choices rather than
having a 3rd party make decisions for them.
· Is grounded in the belief that conflict offers an opportunity to build stronger individuals, more satisfying relationships, and better communities.
· Offers disputants a chance to talk it out in a safe and controlled environment.
· Often is better equipped to explore the rational and emotional issues of a dispute than a formal court proceeding.
· Enhances individual competences and can be applied informally at home, work, and in social setting
·
Community Mediation:
· Offers constructive processes for resolving differences and conflicts between
individuals, groups, and organization.
· A mediator guides participant through a difficult conversation, providing a safe
environment to discuss their conflicts.
· Promotes community peace.
Benefits for the mediator:
· Adds values for society and to disputants.
· Express feeling of accomplishment when they help others solve thorny issues.
Listening, reframing issues, and problem-solving are the trademarks of good mediator skills.
Family Mediation
· Takes places in many forms and can be referred by a variety of sources.
· Ie.
· A social worker would work as a mediator between the
members of families to help that family negotiate rules
and expectations.
· A minster would work as a mediator to member of congregation who could not work out settlement of their parents’ estate after their death.
Victim-Offender Mediation (VOM) or Restorative Justice
· holds offenders accountable for their actions and offers a means to bring closure to victims.
· Provides a means to help offenders by holding them accountable in respectful ways that may develop a sense of shame and heightened empathy.
School-Based Peer Mediation
· Helps prevent some situations from deteriorating.
· Helps in very basic conflict management steps help resolve playground conflicts on the spot without escalation.
· Shown to reduce early stage bullying behavior.
Business Mediation
· Employees who cannot work well together are referred to HR for mediation or if
trained, conduct a mediation intervention.
Government and Court-Annexed Mediation
· Government officials negotiate the creation and enforcement of rules in a process called
Negotiated rule-making where businesses, individuals, or other parties who violate
regulations meet and create a plan for future compliance.
· Federal government requires each state to oversee mediation processes to aid parents and school district to resolve special education disputes.
THE REDRESS program has been adopted by the USPS to mediate Equal...

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