Mediation Over the Centuries, Various

Mediation

Over the centuries, various disputes have led to conflicts that have taken on a life of their own. Sometime this can involve disputes between countries, while in other situations this can be between two individuals. The way that these different issues are settled will determine if there will be an agreeable solution to the problem. In some cases, these different issues can be settled quickly, with little to no disruptions. At other times, the process of settling the dispute will create a situation that will become worse, as both parties are unwilling to bend, resulting in a stalemate. Once this begins to take place, is when the odds increase that both sides will become more entrenched in their viewpoints. To rectify this situation, many have often turned to the courts. The problem with using this as a way to resolve different disputes is that they are known to be: slow, expensive and time consuming. Then, when you combine this with the element that neither side is: wanting to negotiate in good faith (because of the view that they are right on the dispute), means that the process can continue for years. In the case of many businesses, this could mean that they could be loosing large sums of money, because the situation has not been effectively rectified. To address this issue, mediation has been used as an effective way of settling various disputes that will arise. Simply put, medication is when you are attempting to settle a dispute by having an unbiased third party (called the mediator) listens to both sides. Then, make recommendations on how to end the conflict. Under this process, the proceedings are considered to be informal. This means, that the mediator can work with both parties to find an agreeable solution to the problem. Once the decision has been rendered, the mediator has no power to enforce the ruling. However, if both sides agree to the terms and conditions that the mediator proposes, an agreement is drawn up spelling out the various terms, resolving the dispute. This is significant, because it provides a way of effectively settling various disputes outside of court in timely manner. Yet, to have an effective mediation process, requires examining a number of different variables that could help to improve the chances of seeing a successful outcome. In the book Getting Past No, the author discusses the necessary elements for a successful mediation and how this can improve odds of being able to rectify the dispute. To fully understand how to achieve these objectives requires: examining the various ideas presented and how they can help to improve the process of mediation. Together, these different elements will provide the greatest insights, as to how mediation can be used to effectively resolve a variety of disputes.

Overview Getting Past No

In the book the author is seeking to explain three main points to include: have a trouble shooting mentality, know the common obstacles that you could face and be prepared for identifying opportunities to move the process forward. These are significant, because they provide the reader with a basic overview of what are the general attributes that someone must have when going into mediation. Where, the individual must have the right frame of mind and focus, to be successful with the process. This is because mediation is similar to any kind of negotiation, with flexibility being a key attribute. This works in conjunction with having an open mind, as the individual parties are more willing to make the process work. Once this take place, is when the odds increase that a settlement will be reached, that is agreeable with both sides.

Whenever anyone is going to mediation to resolve an issue, it more than likely will mean that either one or both parties have predetermined attitudes / ideas that prevented other forms of negotiation from working. For the mediator, this can be problematic because once a party begins to show outward signs of emotions; it can make the process of finding an acceptable solution far more difficult. To help mediators to overcome these different challenges, the book is divided into a number of different sections to include: do not overreact, do not quarrel, do not rebuff ideas, do not push and do not intensify the situation.

When you examine the first principal, do not overreact, it is clear that the mediation process is always filled with heated emotions. For the mediator, these kinds of heated emotions can mean that dealing with a particular party can be challenging. Where, they are venting their overall emotions that they are feeling from the dispute during the mediation process. When this happens, it is important for the mediator not to overact to the situation. Instead, they would want to step away from the problem, by taking a recess from the proceedings and removing the different emotions from the situation. Once the mediator has control, they can begin to implement what is known as: a best alternative to a negotiated settlement (BATNA). This is because, the increased amounts of clarity will allow mediators to determine the overall strategy used by both sides and what are main issues are creating the impasse. At which point, the mediator is able identify with each party, by showing an understanding for the views presented by both sides (which increases the chances that BATNA can take place).

When you examine the second principal, do not quarrel, it is clear that this is when the mediator must engage in tactics that will allow them to disarm the emotions of both sides. To achieve this objective, all mediators are encouraged to engage in: active listening and showing empathy. At the same time, mediators must phrase all responses in the form of a yes, with a but. For example, during the course of listening to both sides, the mediator will agree with the views of each side by saying yes to their point. They would then use the but, to show that they are part of the solution to the problem. This is important, because during these kinds of situations you must be able to show that you are impartial, while being able to have both parties admit that they may not have handled the situation appropriately (either directly or indirectly). Once this takes place, the chances increase that the mediation will prove to be successful. As both sides are willing to give a little on their positions, in order to receive a settlement that is satisfactory for both parties.

The third principal that was covered, do not rebuff ideas, highlights how the mediator must ask the other party open ended questions. This is important, because when you are asking someone open ended questions, they will automatically begin to stop justifying their position. Where, the person will begin to see the situation from the views of the other party and the mediator. At which point, the mediator will be more effective in coming to a mutual understanding. As they are able to use this tool to have the other party, reinterpret the meaning of the events. This allows the mediator to be able to maintain neutrality, while pushing the other party to look at the situation from other side's point-of-view.

The fourth principal that was examined, do not push, shows that the mediator can not force either party to accept their decisions. Instead, they must use persuasive enticement. This is when they are making it easy for both parties to say yes to the solution, by removing all of the different obstacles. Where, the mediator will offer both sides a number of different solutions to settle the dispute. This is important, because many parties will often reject a settlement out of fear that they could lose face, by recanting their position to a certain extent. When the mediator is presenting a number of different solutions to both parties, they are increasing the chances that some kind of settlement will be reached. This is because they are eliminating those barriers that could force a party to say no. Once you accomplish this, the chances improve dramatically that an agreement will be achieved between the two parties.

When looking at the fifth principal, do not intensify the situation, it is clear that the mediator will play a role in persuading the other party to accept the settlement that is being offered. This does not mean forcing them to accept the settlement, by threats or intimidation (rarely does this approach work). Instead, the mediator must point out the alternatives that the other party could face, if they do not agree to the settlement. Such as: increased costs, delays and the possibility that other forms of resolving the conflict may not be in their best interests. Once the other party realizes that this is the best solution, they are more than open to the ideas presented by the mediator, as a long drawn out dispute could cause even more disruptions. This is significant, because it shows that the mediator plays a role in ending the dispute, by pointing out to both parties their alternatives (which may not be as favorable either side).

Analysis Getting Past No

The various ideas presented in Getting Past No, highlight how the mediator must use a number of tools / tactics to be able to effectively resolve the dispute. What happens is when two parties are in any kind of dispute, they more than likely are displaying large amounts of negative emotions towards each other. At which point, both parties will become even more set in the view that they are correct in their position. Once this perception takes place, is when both parties are unwilling to resolve the dispute, as the overall negative emotions are keeping each party far apart. Once mediation takes place, the negative emotions will more than likely come out from both sides. Where, each party is trying to paint the other side, as the one who is responsible for the impasse. This makes the job of mediator more difficult, as they must overcome these walls of negative emotions, to find out what are the stumbling blocks of the dispute. The different principals that were outlined in the book are effective at overcoming these emotional barriers. This is because they work off of two main principals: flexibility and impartiality.

The way that the ideas use flexibility, is they provide the mediator with a broad general overview, as to what should be their state of mind during the proceedings. Where, they are monitoring and identifying various issues that could create an impasse. To bring mediation to a successful conclusion requires: that the mediator use flexibility, by being able to identify key points of contention and areas that could be used to bridge the divide. Without any kind of flexibility to adapt to the different situations, the mediator would have more challenges in overcoming the negative emotions.

Impartiality is highlighted throughout the process, as the various procedures and tools are used to instill this upon both parties. Where, the mediator will listen and agree with the points that are made by both parties. However, they will also use these tools to show that neither side is 100% right, by indirectly showing that the situation could have been handled better. This causes both parties, to feel as if the mediator is impartial, while helping them to think about the current position that they have taken. Once this occurs, the mediator is more effective at encouraging both sides to find an agreeable solution. At which point, the chances increase that some kind of acceptable settlement will be reached.

What this shows, is that the ideas presented in Getting Past No are an effective way of being able to overcome the different emotions that both parties will have, as a part of the mediation process. At which point, the mediator can be able to identify the root cause of the dispute and recommend a solution that is acceptable to both sides. This is significant, because it shows how there are standard tools and tactics that are effective during mediation or any kind of negotiation. Those who can utilize these tools will be able to effectively reach out to both parties, during the most heated disputes. At which point, the chances increase that an acceptable compromise will be reached.