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Assessment 2: Mediation Reflection Report 1

Table of Contents Introduction ................................................................................................................................ 3 Cause and manifestation of the Conflict .................................................................................... 3 Impact of mediation and other conflict management approach ................................................. 3 Effectiveness of the mediation approach ............................................................................... 3 Another conflict management approach ................................................................................ 4 Three mediation techniques that were used effectively in this session ...................................... 4 Evaluative mediation .............................................................................................................. 4 Med-arb .................................................................................................................................. 5 Facilitative mediation ............................................................................................................. 5 Three other mediation techniques .............................................................................................. 6 Evaluative mediation .............................................................................................................. 6 Transformative mediation ...................................................................................................... 6 Narrative mediation ................................................................................................................ 7 Reflection ................................................................................................................................... 7 Conclusion .................................................................................................................................. 8 References .................................................................................................................................. 9 2

Introduction The cornerstone of mediation is the mediation process, and it is crucial to a successful outcome. The goal of mediation is to help disputing parties negotiate a resolution of their differences that is agreeable to both sides. It encourages parties to negotiate a solution without the authority of decision-making and is voluntary and non-coercive. The mediator can help with relationship-building or legal matters while remaining unbiased. Rules are negotiated between the parties, and it is more casual and informal than a court or arbitration. A crucial component of mediation is confidentiality, and each party has discretion over what information is revealed to the mediator and other parties (as per the session). I'll discuss the Zeus and Ares mediation demonstration in my reflection report. Agartha is home to the tiny energy supply firm Zeus with Ares, a sizable energy company from outside the EU, in a dispute. Cause and manifestation of the Conflict In accordance with a long-term gas supply agreement the parties inked several years ago, the disagreement centres on Zeus's demand for the right to a decrease in the price and volume commitment for gas sold by Ares. Zeus has made an effort to deviate from its contractual obligations by asking for periodic price formula updates to account for significant changes in the energy markets. Ares has announced its desire to sue Zeus for failing to fulfill the take-or- pay contractual duty under the supply contract, seeking 50 million euros (as per the session). Ares' insistence on the original terms, according to Zeus, is anti-competitive, and he plans to file a complaint with the competition authorities. Impact of mediation and other conflict management approach Effectiveness of the mediation approach The informal, private, rapid, and economical aspect of mediation makes it a good technique for this instance. Zeus and Ares are given the opportunity to make their own agreements, giving them more say in how their conflict will be resolved. Due to its ability to meet both parties' interests and facilitate peaceful terminations, mediation also helps to maintain relationships. Instead of solutions imposed by outside decision-makers, parties are typically more content with the ones they have developed themselves. Comprehensive and 3

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individualized agreements reached through mediation can address procedural and interpersonal difficulties that may not be legally binding ( Miller et al., 2019). Additionally, mediation lays the groundwork for future dispute resolution since parties are more inclined to choose a collaborative setting than a combative one in the future. In general, mediation provides a more effective and efficient way to resolve disagreements. Overall, mediation improves communication by offering a neutral, private setting for candid conversations about conflicts. According to Ezekiel and Abdulraheem (2022), it facilitates information exchange, encourages the discovery of workplace problems, and enables the creation of a win-win solution. In this instance, an unbiased third person helps Martha arrive at a voluntary, advantageous conclusion that addresses all pressing difficulties. According to a poll, 96% of respondents and 91% of the parties making the charge would employ mediation again. Another conflict management approach I think another conflict management approach other than mediation is collaboration, which may have a better outcome in this case. High aggressiveness and high cooperation are required while collaborating, with an emphasis on settling disputes, integrating solutions, advancing viewpoints, securing commitments, and learning about the other parties and the dispute. According to Getha-Taylor et al. (2019), this approach to conflict management is successful because it seeks to reach a compromise that, even if it deviates from what the parties had originally intended, leaves them all happy. In order to provide a gentle and non- confrontational approach, this strategy calls for the mediator to pay close attention to the needs, wants, anxieties, and worries of all parties. The fundamental benefit of collaborative conflict resolution is that it fosters a sense of worth and understanding among all parties (in this example, Zeus and Ares), promoting open communication and understanding. As misconceptions between parties frequently lead to confrontations, this strategy also promotes empathy and respect for one another. The fact that collaborative conflict management establishes the tone for future settlements and assigns everyone involved joint responsibility for finding a solution is another significant efficacy of the strategy ( Getha- Taylor et al., 2019). Overall, it is a useful tool for settling conflicts and promoting an environment that is more peaceful and polite. 4

Three mediation techniques that were used effectively in this session Evaluative mediation A control-oriented and focused on individual experiences technique of dispute settlement is the use of evaluative mediators. They are frequently attorneys who specialize in a particular area of the law, assessing the merits of each party's case. They could also provide insight into potential court outcomes and pointers for settlement choices. The procedure, which includes side meetings and joint statements, is appropriate for commercial and contractual disputes where a resolution by compromise is desired ( Hien et al., 2020). However, it is not appropriate for interpersonal problems like workplace, neighborhood, or complaint resolution when face-to-face contact is necessary, and compromise is a constrained objective. In time- constrained circumstances or where there is an unequal power dynamic, such as in divorce or business proceedings, evaluative mediators are frequently engaged. Med-arb In this session, med-arb mediation has been used. It is a hybrid mediation-arbitration method where the parties consent to the rules of the game, and the decision is legally enforceable. Together with a mediator, they work out a solution. Arbitration is an option for parties if mediation fails to provide a resolution or if concerns remain unresolved. The mediator serves as an arbitrator, making a decision that is legally binding, or an arbitrator may be appointed to handle the matter after speaking with the mediator. If problems are not fixed, the procedure is not finished. Facilitative mediation A halfway ground between transformational and evaluative approaches, facilitative mediation gives both parties authority over the result. It employs evaluative and transformational approaches, including questioning, expressing viewpoints, and supporting policies. The parties are free to make their own judgments in accordance with their best assessments of the circumstances because the mediator lacks decision-making authority. This strategy is excellent for resolving disputes in a variety of contexts, including the workplace, the community, families, or client relationships (Shonk, 2023). An organized approach is provided by the mediator, including private sessions before combined sessions. This strategy is especially well suited to conflicts at work, in the home, or when resolving grievances when relationships must be maintained and strengthened through a win-win solution. In order to ensure a lasting and successful conclusion, the mediator's job is to offer the parties an organized method for reaching their own judgments. 5

Three other mediation techniques Evaluative mediation Individuals may concentrate on their needs and strive towards a win-win solution through the process-driven, outcome-focused approach of mediation. A step up from facilitative mediation, when the parties provide the mediator with parameters to resolve or evaluate problems they cannot agree on, is evaluative mediation (Duesing, 2023). The mediator weighs all the information before offering a resolution to everyone concerned. This resolution is then recorded and made legally binding. Based on adjudicated settlement sessions, evaluative mediation is more probing in nature. It emphasises on the legal aspect of the groups and could even provide case-specific predictions about how things will turn out. Critics counter that these processes might not be fair or protect the weaker party since they might take too long and lead to deadlocks. As the mediator actively attempts to lead the parties to a resolution, evaluation mediation is thought to be more participatory than other forms of mediation. A beginner evaluative mediator may offer advice on how to conduct the mediation, but by using cost estimates and other comparable analytical tools, the mediation is more likely to result in an amicable settlement ( Ibarra-Sáiz et al., 2020). The mediator makes the assumption that the parties require aid in establishing acceptable settlement conditions based on the law, business practices, or emerging technology and that they are qualified to do so, given their education, experience, and intellectual integrity. Transformative mediation A less formal strategy called transformative mediation concentrates on the two crucial interpersonal processes of empowerment and acknowledgment. It encourages understanding between parties while empowering parties to make choices and take action. The parties are in control of both the content and the procedure in this organic process, which is very sensitive to their demands ( Castro-Arce and Vanclay, 2020). The mediator offers both parties assistance as their disagreement develops and their relationships morph and grow. There are training programs available for transformative mediation. The parties involved are empowered and made aware of one another through the transformational approach to mediation, which enables them to identify their problems and look for solutions on their own. Parties who are empowered and recognized are better able to comprehend one another's viewpoints and the reasons behind their search for a solution. These factors could result in a settlement that is acceptable to all parties, but that is not the 6

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main objective (Shonk, 2023). The main objective is to promote empowerment and recognition so that parties may approach issues with a stronger, more unbiased perspective. This strategy avoids the issue of mediator directiveness in problem-solving mediation and places responsibility for all results on the disputants. Transformative mediation places a strong emphasis on helping parties become more knowledgeable and skilled so they may manage the conversation and process. Transformative mediators, as opposed to problem-solving mediators, play a supporting role, "following" the parties and letting them steer the process in the direction they see fit. Recognising an opponent as a human person with their own genuine problems and concerns is the process of recognition (Shonk, 2023). Transformative mediators give parties the choice of how much they want to acknowledge the opposing viewpoints, which is important for empowerment. Parties may recognize each other to a lesser level, forgoing their own interests in order to recognize one another, or recognition might result in total reconciliation. Narrative mediation Instead of focusing on bargaining, narrative mediation seeks to comprehend the world through tales. By giving conflicting stories, it aids people in creating their own reality. dispute tales may be constricting and paralyzing, but mediators are convinced that every dispute has an alternate narrative that will foster trust and collaboration (Duesing, 2023). They assist parties in rewriting fresh, more beneficial narratives, enabling a more successful dispute settlement. Professionals involved in mediation and conflict resolution, such as attorneys, counselors, therapists, psychologists, and social workers, can benefit from using narrative mediation. By analyzing the discourses surrounding conflict situations, it examines the reality of mediation practice. This strategy fosters a renewed understanding of the dispute's causes and potential solutions by assisting disputants and mediators in recognizing their prejudices and preconceived notions about the issue ( Hagström, 2021). While it's an alternative to interest- based mediation techniques, it may also be used in conjunction with more conventional techniques to examine how social dynamics affect the interests, positions, and conflicting viewpoints of parties. Reflection This session nicely represented the mediation process, I understand the different approaches to mediation from this session. My previous knowledge on this topic is limited, so the session 7

helped me a lot. Previously, I was not awarding different mediation techniques, and I also have some quarries about the effectiveness of the mediation process. However, after completing the session, I have come to know a much better understanding of mediation as well as other conflict management techniques. Conclusion An important step in settling disagreements between contending parties is mediation. Confidentiality and voluntary, non-coercive bargaining are encouraged. In the Zeus and Ares case, mediation enables parties to establish complete, individualized solutions while maintaining connections. As parties are more inclined to select collaborative settings, it also creates the foundation for future conflict settlement. This evaluation has allowed me to draw the conclusion that mediation enhances communication, increases the identification of workplace issues, and enables information sharing. There are also different types of conflict resolution processes, and even mediation processes have different types. Different techniques can be applied in different situations. 8

References Castro-Arce, K. and Vanclay, F., 2020. Transformative social innovation for sustainable rural development: An analytical framework to assist community-based initiatives. Journal of Rural Studies , 74 , pp.45-54. https://www.sciencedirect.com/science/article/pii/S0743016719300403 Duesing, L. (2023) What are the three types of mediation? , McLin Burnsed . Available at: https://www.mclinburnsed.com/blog/2022/9/14/what-are-the-three-types-of- mediation#:~:text=Instead%20of%20having%20to%20go,%2C%20transformative%2C %20and%20facilitative%20mediation. (Accessed: 24 October 2023). Ezekiel, A.O. and Abdulraheem, I., 2022. Traditional methods of conflict management and resolutions: the case of the old Oyo Empire. European Journal of Management and Marketing Studies , 7 (4). Ezekiel, A.O. and Abdulraheem, I., 2022. Traditional methods of conflict management and resolutions: the case of the old Oyo Empire. European Journal of Management and Marketing Studies , 7 (4). Getha-Taylor, H., Grayer, M.J., Kempf, R.J. and O’Leary, R., 2019. Collaborating in the absence of trust? What collaborative governance theory and practice can learn from the literatures of conflict resolution, psychology, and law. The American Review of Public Administration , 49 (1), pp.51-64. https://journals.sagepub.com/doi/abs/10.1177/0275074018773089 Hagström, L., 2021. Great power narcissism and ontological (in) security: The narrative mediation of greatness and weakness in international politics. International Studies Quarterly , 65 (2), pp.331-342. https://academic.oup.com/isq/article-abstract/65/2/331/6145843 Hien, N., Phuong, N., Tran, T.V. and Thang, L., 2020. The effect of country-of-origin image on purchase intention: The mediating role of brand image and brand evaluation. Management science letters , 10 (6), pp.1205-1212. http://m.growingscience.com/beta/msl/3586-the-effect- of-country-of-origin-image-on-purchase-intention-the-mediating-role-of-brand-image-and- brand-evaluation.html Ibarra-Sáiz, M.S., Rodríguez-Gómez, G. and Boud, D., 2020. Developing student competence through peer assessment: the role of feedback, self-regulation, and evaluative judgment. Higher Education , 80 (1), pp.137-156. https://link.springer.com/article/10.1007/s10734-019-00469-2 9

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Miller, S.M., Marcotulli, D., Shen, A. and Zweifel, L.S., 2019. Divergent medial amygdala projections regulate approach–avoidance conflict behavior. Nature Neuroscience , 22 (4), pp.565-575. https://www.nature.com/articles/s41593-019-0337-z Shonk, K. (2023) Types of mediation: Choose the type best suited to your conflict , PON . Available at: https://www.pon.harvard.edu/daily/mediation/types-mediation-choose-type- best-suited-conflict/ (Accessed: 24 October 2023). 10

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