Learning Objectives
By the end of this blog, it is anticipated you will be able to:
- Define mediation and its key role in managing conflicts;
- Identify key processes and entry points within mediation sessions;
- Integrate systems and narratives during mediation, including in practical scenarios; and,
- Align mediation techniques with your shared needs and contexts.
Topics Covered
This blog post explores each of the next topics to provide a summary guide on mediation.
Defining Mediation
Disputing parties, when assisted by impartial mediators, have opportunities to formulate mutually agreeable solutions, albeit potentially on temporary bases. Conversely, in arbitration and litigation, external parties assume a more prominent role in determining the ultimate outcome. Furthermore, mediation can act as a means to mitigate the costs linked to more formal processes like litigation. Problems, requirements, and circumstances are frequently identified in a systematic manner to facilitate solutions. While conflict can be permanently resolved, it is more often managed.
Processes and Entry Points in Mediation
When you engage in voluntary mediation you generally navigate through different entry points, beginning with the initial consultation, isolating the issues, needs, and contexts, eventually you may establish a final agreement.
Mediation Systems and Narratives
You could come to learn there are diverse mediation systems available within the non-government, government, and private sectors. These systems encompass various types, including but not limited to, community of interest mediation, court-connected mediation, and corporate mediation.
Conducting Mediation Sessions
Mediation sessions are influenced by the participants’ values, interests, personal and social experiences, and beliefs. For example, Kolodner and Simpson (1989) establish a connection between mediation and problem-solving through the lens of common sense. Winslade and Monk (2000) associate mediation with establishing shared understanding, the identification of common interests, and the establishment of contextual agreements through narratives.
Aligning Mediation Systems with Your Priorities
Mediators can assume a range of roles, from facilitative to evaluative (Yeend, 2016). For instance, a mediator might present a proposal that includes numerical data alongside suggested settlement figures (Shaw, 2012). Mediation services can be tailored to address your unique requirements and priorities. Our fees generally function on a sliding scale for each session.
Methods for Reaching Out to Us: How to Contact Us
What is Mediation?
Mediation is associated with the management of conflicts. A dictionary definition of mediation is, “to bring about agreement, peace, etc. between parties -to reconcile – to act as mediator”. Nowadays, mediation is applied in several areas such as at-work, education, training, and home. Generally, mediation has been incorporated into interdisciplinary discussions and practices, including the library and information sciences (Carvalho, et. al, 2018). Consequently, you are likely to find that this intervention includes different and, at times, overlapping approaches. As an illustration, consider the following.
- Adjudication
- Advocacy
- Bargaining
- Conciliation
- Negotiation
- Withdrawal
Mediation Processes and Flow Points
Broadly, mediation is based on the premise that conflicts are best resolved by the disputing parties. They can create their own agreements between themselves. However, these parties may benefit from being supported to create shared and sustainable agreements. Mediation processes can decrease tensions and animosity among various cultures and nations (Lucia, 2016). The Internet knows few borders, and youth interrelate online. Moreover, youth and others communicate through narratives that transform cultural understanding and social containment. Explore additional information on online conflict management models, including at ONM and ODR – From Conflict to Management. Also see Online Mediation. Basically, mediation systems can be applied to execute a wide array of strategies aimed at reaching and assisting a diverse group of disputants.
You can contribute to the creation of environments conducive to mediation, for example, by pausing to reflect before speaking or reacting. Generally an impartial third party, and in the context of computer-mediated communications, a fourth party, namely the technology, provide mediation services (Katsh & Rifkin, 2001). Furthermore, the mediator and the supporting technology work with those concerned, so you may agree on shared interests.
You are likely to find that mediation can be assessed at various entry points in the legal system, such as before or after litigation. The legal system is often costly to human relationships and financial resources. An initial step is to identify, limit, or avoid disputes, before they reach damaging proportions.
Mediation Systems and Narratives
Narratives reflect autobiographical accounts, intergenerational and social interpretations of life — as discussed by Haye, et al., (2018) and Demuth (2011). You may have noted that narratives can be carried down from generation to generation, and they shape personal and social identities. Traumatic challenges, including impasses, may be carried from one generation to the next (Mew, et al., 2022). Moreover, personal and shared narratives are shaped by what you think about your life and your social, cultural, and linguistic perceptions. Intergenerational narratives might contribute to conflict-saturated stories that perpetuate disagreement and tensions across generations.
Disputing parties may find hybrid models combining, for example, narrative, online, and arbitration based-approaches (Katsh & Rifkin, 2001; Campolieti & Riddell, 2018). Katsh & Rifkin (2001) describe varied and distinctive approaches to online conflict resolution, for example, centered around online commercial relationships. Technology is designated an active fourth part role to assist the disputing parties. The conflict resolution practitioner works with the parties isolating needs and issues while building shared interests. Campolieti & Riddell (2018) blend mediation and arbitration. If mediation is not achieved and disputing parties’ parties positions are locked they may proceed to binding arbitration.
Mediation Sessions
You may find these sessions normally take place in an informal setting, such as over the phone or online, depending on the situation at hand. Afterwards, people can settle disagreements without having to attend the court system or at least narrow issues before going before an administrative tribunal. Eventually, if contributing factors to disputes are unacknowledged, you could deny yourself and others opportunities for the following.
- Creative responses
- Collaborative problem-solving
- Empathetic engagement
- Enhanced communication
- Informed solutions
- Meaningful assertiveness
- Needs exploration
- Purposeful expression of emotions
Preparing for Mediation
When preparing for mediation, it is important to address the issues that prompted the need for this process. Start by creating a pro forma document that outlines the key points and issues that need management. As you review your files, think about the evidence that could support your position or interests during the mediation. Examples of evidence might be receipts and reports.
Mediation Methods
Each mediation method, for instance, problem-solving and narrative can be utilised with specific disputing parties in particular contexts. The parties could perceive the mediator as being a guide on the side and a story teller (Kolodner & Simpson, 1989; Winslade & Monk, 2001). The mediator may also help disputants to learn to rewrite and adapt their personal narratives or life scripts. Utilising fourth-party technology can streamline the process of gathering and storing this information. However, it’s crucial to weigh the benefits of convenience and easy access against potential security risks. Conduct a basic cost-benefit analysis to evaluate these factors.
Mediators and Their Devices
Mediators may use certain devices such as decision-trees to propose settlement amounts to disputing parties (Shaw, 2012). Decision-trees can be designed with technology including artificial intelligence. Mediators proposals are varied and underlying elements are that the mediator recommends to disputing parties a certain settlement on their issues (Yeend, 2016).
If you are experiencing difficulties with technology, consider how this might impact your ability to effectively participate in online mediation. Additionally, reflect on how the digital divide—differences in access to, and proficiency with, digital technology—could influence the mediation process. This awareness can help you prepare and possibly mitigate these challenges ahead of the mediation.
Find out more about the digital divide at ONM and ODR – From Conflict to Management
Mediation Systems and Your Priorities
Your most important considerations will likely change as work and home are modified to meet pressing personal and societal needs. It is important to keep in mind that tense relationships and conflicts regarding power and control can arise throughout the mediation process. Mediation between two or more disputing parties calls for various procedures and methods.
Conflicts are Linked to Disconnection
When you are conflict, you may feel a disconnection from both your physical surroundings and social interactions. This is particularly so, when faced with conflicts in relationships with family, friends, and communities of interest. These conflicts can be confusing and may be left unresolved, leading to negative consequences. You could have limited access to finite environmental and economic resources to broaden and build lasting solutions.
Relationships Change
It should be remembered that relationships could end, However, some commitments continue with shared interests in family members, pets and traditions. Generally, people do not enter a relationship with the intention of separating from or divorcing another. Vulnerable people may carry hidden wounds as silent witnesses or be participants in conflict. They have the right to openly love all individuals without being subject to disapproval. Let us heal and nurture hope! Before commencing mediation sessions, gather, relax, and discover the benefits of wide open spaces.
We collaborate with you to investigate tailored methods for mediation and additional services to address your specific needs.
In Closing
This blog entry encompassed the subsequent topics:
- Defining mediation;
- Processes and entry points in mediation;
- Mediation systems and narratives;
- Conducting mediation sessions;
- Aligning mediation systems with your priorities; and,
- Methods for reaching out to us.
How to contact us
References
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Campolieti, M. & Riddell, C. (2018). Does Mediation-Arbitration Reduce Arbitration Rates? Evidence from a Natural Experiment. Sage
DOI: https://doi.org/10.1177/0019793918810219
Carvalho, A.C.G. , Nascimento, M.G.S., & Bezerra, M.G. (2018). The Information Mediation into Oral Narrative and in the Life of Story: Dialogical Propositions. Revista Digital de Biblioteconomica e Ciencia da Informaca, 16 (2).
Demuth , C., Chaudhary, N., & Keller, H. (2011). Memories of me: comparisons from Osnabrueck (Germany) and Delhi (India) students and their mothers. National Library of Medicine.
https://pubmed.ncbi.nlm.nih.gov/20625860/
Haye, A., Hertz, P., Caceres, E., Morales, R., Torres-Sahli, Villarroel, N. (2018; July to September). Time and Memory: On the Narrative Mediation of Historical Subjectivity, 65. Academia. https://www.academia.edu/109268087/Time_and_Memory_On_the_Narrative_Mediation_of_Historical_Subjectivity
Katsh, E. & Rifkin, J. (2001). Online Dispute Resolution. Resolving Conflicts in Cyberspace. Jossey-Bass.
Kolodner, J..L. & Simpson, R.L. (1989). The Mediator Analysis of an Early Case-Based Problem Solver. Cognitive Science, 13 507-549. Wiley.
https://onlinelibrary.wiley.com/doi/pdfdirect/10.1207/s15516709cog1304_2
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Lucia, L. (2016). Narrative Approaches to Conflict Resolution Across Cultural Landscapes. International Journal of Cyber Behaviour, Psychology and Learning, 6 (1). Academia. https://www.academia.edu/15514185/Narrative_approaches_to_conflict_resolution_across_technologically_mediated_landscapes
Mew, E.J., Nyhan, K., Bonumwezi, J.L., Blas, V., Goman, H. & Hennein, R. (2022, November). Psychosocial family-level narratives in the intergenerational transmission of trauma: Protocol for a systematic review and meta-analysis. PLoS One, 17 (11). National Library of Science.
https://pubmed.ncbi.nlm.nih.gov/36378630/
Shaw, M. (2012, Winter). Mediator’s Proposals: Let Me Count the Ways. Dispute Resolution Magazine, 18, 2 27-28.
Winslade, J. and Monk, G. (2000). Narrative Mediation: An Innovative Method for Resolving Conflicts. Jossey-Bass.
Yeend, N.N. (2016, August). The Mediator’s Proposal. Plaintiff. Plaintiff Magazine.
https://plaintiffmagazine.com/recent-issues/item/the-mediator-s-proposal