Individual Assessment of a Mediation Role Play - Essay Example

MEDIATOR FEEDBACK FORM Introductions Each party was introduced to each other. Time was spent to make the atmosphere conducive to negotiation. This is the preparatory stage of mediation where parties get to know each other and to some extent, size up each other What you did well: I easily established rapport among the disputed parties. Rapport is important because it facilitates good communication in the process of the negotiationWhat you would do differently: I think I spent too much time in the introduction.

I would try to abbreviate it next time because it took longer than necessary. 2. Define mediation and discuss the benefits of mediationMelamed briefly described mediation as an “assisted communications agreement” whereby a third party participates for the negotiating parties reach an ageement (2000). The mediator acts as a neutral party that would help conflicting/contesting disputants reach an amicable settlement. Mediation helps both party reach an amicable agreement that is advantageous and agreable to both parties.

What you did well:I believe that I explained clearly what mediation is because I indicated my sources. I also introduced the participants well and have clarified what the issue is because the participants had a good grasp of what the dispute is.What you would do differently: I would like to shorten it because I took too much time in the introduction that it took some time away from the negotiation proper.3. Role of the mediator and disputantsThe mediator basically facilitates understanding among the disputants in an effort to reach an agreement.

What you did well: I helped each party rephrased antagonistic statements which could infuriate the other party that would it difficult for them to reach an agreement.What you would do differently: I think I meddled too much. Next time, I will give them more space to negotiate.4. Explained the mediation processJessica step identified the six important steps of a mediation process to a formal mediation which 1) introductory remarks, 2) statement of the problem by the parties, 3) information gathering time, 4) identification of the problems, 5) bargaining and generating options, and 6) reaching an agreement (2003).

What you did well: I was faithful in following the steps methodically. I was conscious about each process and even had a cue hard just in case that I will forget.What you would do differently: There are stages that sometimes can be skipped or shortened such as the information gathering stage but I did it anyway just for the sake of following the mediation process. I think it bored the participants.5. Explained and obtained a commitment to ground rules To facilitate the mediation process smoothly, the mediator lay down the ground rules which are agreed by both parties.

The ground rules are designed to help both party reach an agreement and avoid furthering any disagreement.What you did well: I think I was hasty in explaining what the ground rules are. I thought it is not that important.What you would do differently: I will spend more time and effort in explaining the ground rules and make each party really commit to it. There was a use of pointed words during the negotiation process and this could have been avoided had the ground rules were laid clearly. 6.

Described confidentiality Finally, to promote confidence in the negotiation process, confidentiality is assured on both parties that no information that transpired during the negotiation process will leak out. Confidentiality meant the absolute privacy of any information being discussed in the negotiation to remain within the confines of the negotiation.What you did well: I had described pretty well what confidentiality was and made each party agree not to “leak” any information outside the negotiating parties.

What you would do differently: I think I did not exercise good choice of words because some of the words I used are inappropriate such “what we are talking about here should be kept secret and therefore should not be leaked outside”. I may need to reword and/or rephrase that in the future.Step #2: Statement of the ProblemIn our case, the statement of the problem was how the two sisters would reach an agreement whether they should put their mother in a nursing home or not. The dispute between the two sisters is that the other sister wanted to put their mother in a nursing home while the other wanted to share the responsibility of moving their mother in their homes for six months each time of the year.

What you did well: I explained what the dispute is all about since it is already a given in the problem.What you would do differently: I assumed that both parties understood the problem already that I did not ask for clarifications or entertained any questions.What was your experience as a disputant in the mediation role play? What did you learn from this experience?My first hand experience in the negotiation process taught me that being “too aggressive” in a negotiation can put the other party in a defensive position that instead of agreeing, they will dig in deeper in their position.

I thought that by making them appear “bad” and by using the word “heartless” would make them feel guilty and agree, I was wrong. They instead became stubborn and obstinate. I learned that to reach an agreement faster, both parties should be calm and reasonable. Overall Assessment & Comments The mediation process and how it works is best understood when experienced. It gives us students an actual feel how it is like and there are nuances that cannot be taught by lectures. For example, the tendency of the other party to be defensive or stubborn when attacked will be very hard to explain in a lecture.

Undergoing the process ourselves help us understood this tendency more.