Mediation Approaches, Components, and Culture

 

Overview: The purpose of mediation is to provide a forum for consensual dispute resolution by the parties. Mediation is based on concepts of communication, negotiation, facilitation, and problem-solving that emphasize:(a) self-determination;(b) the needs and interests of the parties;(c) fairness;(d) procedural flexibility;(e) confidentiality; and(f)full disclosure.

Instructions:  First, watch the enclosed video(s) to see how a mediation session is conducted. Next, answer the following questions from Chapter 1 and Chapter 2  in “question and answer” format, that is, write both questions and answers in your post. These questions are meant to result in “short answers”, that is, 4-6 sentences of descriptive content that demonstrate your knowledge from the readings. For these questions, be sure to explain and support your answers with the textbook. Use APA in-text citationsLinks to an external site. to demonstrate that you can integrate the readings in your written work to support your rationales.

Tenant-landlord MediationLinks to an external site.

Chapter 1 Question 

1. What are your thoughts or impressions about mediation as a means of resolving disputes?

Chapter 2 Questions (These questions focus on the basic components and approaches of mediation and the importance of culture in mediation):

1. After reading about the “phases in the balanced mediation model” (p.28 -33), use Figure 2.1 Download Figure 2.1as a checklist to determine if all the basic components of mediation were present in the Tenant video: What components were obvious to you? What components were difficult to identify?  Did the mediator effectively navigate through all the components? What components were missed or excluded?   
2. What mediation approach(es) did the mediator ( in the video) use: transformative, evaluative, or facilitative? Explain.
3. How did you make your determination of the mediator’s approach? Explain and support your answer from the textbook.
4. What are the pros and cons of using the mediator’s approach in this case? Explain and support your answer from the textbook.
5. If you were the mediator, what other approach would you have used in this case? Explain.
6. Culture Matters in Mediation: Consider the cultural diversity in your community/city or your cultural norms, how might Hofstede’s cultural dimensions Download Hofstede’s cultural dimensions(p. 34-36) impact how you resolve conflict as a mediator? Explain.