The mediator basically helps in making the point of both the parties clear so that they understand each other and the situation is eased out. The maintenance of a positive climate is important so as to eliminate the negativity and keep the groups focused on what they are there for (Bolton, 1986)
This miscommunication with boss, colleague, and employees can prove to be quite a problem for organizations and can create a lot of damages. It can also sometimes lead to the end of a relationship, contract or partnership (Cesaratto, 2006)
The body language shows the other person that the listeners are attentively listening and it ensures that they get what is being talked about. The body language of the listeners also retains the interest and pace of the speaker and keeps him focused on what he is there for (Ladkin, 2011)
Not everyone would agree with what the other person's point-of-view is and this is what may lead to internal conflicts. People sometimes hold a perception that admitting the existence of a conflict is a sign of weakness and failure and surrendering to hopelessness (Mayer, 2002)
For instance, power imbalance, clashes of values, communication issues, emotional backlashes, misinterpretation of information, differences in analysis, etc. (Moore, 1996)
Asking questions to reconfirm or clear out something that has not been conveyed properly is a part of paying attention and verifying facts that can cause disputes later. Constantly interrupting someone in the middle of the conversation may end up in the speaker losing track of what was being said (Wakeland, 2006)
At the center of this issue is how such court regulation of the mediation process impacts the ability of a client to expect confidentiality in the mediation process. Opponents argue that good faith participation may not allow for satisfaction of all parties due to the decrease in self-determination that occurs when the judicial system is evaluating the depth of a party's participation (Boettger, 2004)
However, these agreements many times will not hold up in court and the parties can be called to testify despite their agreement to keep the mediation process private (Colltri, 2004). When designing its mediation program in the early 1990s, North Carolina decided not to include a good faith requirement in its statues or regulations and instead focused on attendance requirements (Clarke et al
This process allows the judicial system to have oversight and information regarding the participation of parties, the mediation process itself, and the settlement reached. Failure to mediate in good faith can in some jurisdictions result in the imposing of sanctions on the offending party (Colltri, 2004)
Lande (2005) articulates that advocates for good-faith mandates believe that it will guarantee that court order mediation has reliability. Further it is believed that these requirements make it more likely that each party will cooperate and aids in the appropriate use of mediation (Lande, 2005)
Mediation requires collaborative efforts on the part of all parties in order to ensure an agreeable outcome. Some jurisdictions have attempted to gain the cooperation of all parties and ensure the efficiency of the process through the use of good faith requirements (Zylstra, 2001)
Label each object and area in the center and provide opportunities for the children to speak, write, read, and listen. Provide various manipulatives for the children to play with and rotate these materials between play sessions" (Bergen 2010)
However, this 'mediating' is not necessarily authoritative in nature. An adult should ideally play a supportive role when the child is engaged in play, "resourcing, expanding and deepening learning dialogues between people and between different perspectives" (Wegerif, 2007)
Another model that is worth examining is the transformative model of mediation. This particular model does not seek to achieve an immediate resolution of an immediate problem (Burgess, 2013)
Within this approach there is the mentality that if any conflict is approached as a more cooperative endeavor, where both parties are invested in the outcomes, then both parties are more likely to work hard and proactively in order to create a situation or outcome which will benefit them both. "The goal becomes to do as well as possible for both the self and other, rather than to engage in the kind of destructive win-lose struggle that exemplifies competitive, contentious conflict" (Deutsch & Coleman, 2006)
2002). (Wu & Zumbo, Understanding & Using Mediators and Moderators, 2008) Mediation and moderation are theories and hypotheses used by social and health scientists as ways to understand and explain how a cause produces an effect
Domestic violence might not promote the interest of children in the context. This would play a vital role in the development of the applicable agreement to help solve the sharing problem facing the divorcing couples (Engram, 2005)
The interests of the children in this scenario must be the overriding factor during the discussion. The agreement of the mediation scenario must champion for the interests and development of the children (Grebe, 2009)
The third principle governing the custody of children in this state is the adoption of the uniform child custody act. This act states that Pennsylvania has the authority to recognize and enforce the children custody orders made in relation to other states (Bertin, 2003)
This law is in accordance with the international laws governing the custody of children mediation during a divorce. It would play a critical role in enabling me as the practitioner to proceed with the mediation (Zemmelman, 2010)