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.
Chapter 1 Question
- 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):
- 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?
- What mediation approach(es) did the mediator ( in the video) use: transformative, evaluative, or facilitative? Explain.
- How did you make your determination of the mediator’s approach? Explain and support your answer from the textbook.
- What are the pros and cons of using the mediator’s approach in this case? Explain and support your answer from the textbook.
- If you were the mediator, what other approach would you have used in this case? Explain.
- 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.
Expert Solution Preview
Mediation is an increasingly popular method for resolving disputes, particularly in the field of tenant-landlord conflicts. This assignment focuses on key concepts from Chapter 1 and Chapter 2 of the readings, as well as how culture influences conflict resolution in mediation. By watching a video on tenant-landlord mediation and answering a set of questions, students will demonstrate their understanding of the basic components and approaches of mediation, as well as the importance of cultural dimensions in resolving conflicts.
Chapter 1 Question:
1. What are your thoughts or impressions about mediation as a means of resolving disputes?
Mediation is a highly effective method for resolving disputes, as it allows parties to actively participate in the decision-making process and reach a mutually satisfactory agreement. It provides a non-adversarial environment where the mediator facilitates communication and encourages collaborative problem-solving. Mediation allows for a more flexible and creative approach to conflict resolution compared to traditional litigation, as it focuses on the interests and needs of the parties involved rather than on rigid legal rules. It also provides a confidential and voluntary process, which can result in sustainable and long-lasting solutions.
Chapter 2 Questions:
2. After reading about the “phases in the balanced mediation model”, use Figure 2.1 as 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?
In the Tenant video, several basic components of mediation were evident. The initial phase of opening and setting the tone for the session was clearly established by the mediator. The identification of issues and interests by each party was apparent, along with the exploration of potential options for resolution. The mediator effectively facilitated communication between the parties and encouraged them to actively participate in the negotiation process. However, it was challenging to identify whether the mediator addressed power imbalances adequately. Additionally, the video lacked a clear focus on future commitments and the formalization of the agreement reached by the parties.
3. What mediation approach(es) did the mediator (in the video) use: transformative, evaluative, or facilitative? Explain.
The mediator in the video primarily used a facilitative approach. This approach emphasizes the creation of a cooperative and open environment where the parties take an active role in reaching a resolution. The mediator facilitated communication, encouraged the parties to express their needs and interests, and guided the negotiation process without imposing their own opinions or evaluations. The mediator’s goal was to empower the parties to find a mutually agreeable solution through their own efforts and understanding.
4. How did you make your determination of the mediator’s approach? Explain and support your answer from the textbook.
The determination of the mediator’s approach was made based on the characteristics and behaviors observed in the video, which align with the description provided in the textbook. The mediator focused on creating a collaborative and communicative environment, supporting the principles of facilitative mediation. The textbook explains that a facilitative mediator encourages parties to exchange information, explore possible solutions, and make their own decisions. These characteristics were clearly evident in the video, supporting the conclusion that the mediator adopted a facilitative approach.
5. What are the pros and cons of using the mediator’s approach in this case? Explain and support your answer from the textbook.
The pros of using a facilitative approach in this case include promoting the parties’ self-determination and active involvement in the decision-making process. It allows them to maintain control over the outcome and fosters open communication, which enhances the potential for a durable resolution. Additionally, this approach can help in preserving or repairing relationships between the parties involved.
However, a potential challenge of using a facilitative approach is that it requires a high level of skills and expertise from the mediator to manage the negotiation process effectively. There is also a risk of power imbalances being a hindrance to achieving a fair and balanced agreement. The role of the mediator is to maintain neutrality and ensure that the parties have an equal opportunity to express their viewpoints and needs.
6. If you were the mediator, what other approach would you have used in this case? Explain.
If I were the mediator in this case, I would also consider using the transformative approach. This approach focuses on empowering the parties to recognize and address their own needs and interests while transforming their relationship. By creating opportunities for the parties to gain insights into their own perspectives and those of the other party, transformative mediation can lead to personal growth and increased understanding. Given the potential underlying issues and strained relationship between the tenant and landlord in the video, a transformative approach could assist in not only resolving the immediate conflict but also in facilitating a positive shift in their future interactions.
7. Culture Matters in Mediation: Consider the cultural diversity in your community/city or your cultural norms. How might Hofstede’s cultural dimensions impact how you resolve conflict as a mediator? Explain.
Hofstede’s cultural dimensions provide valuable insights into how culture might influence conflict resolution in mediation. For instance, power distance, which refers to the extent to which less powerful members of a society accept and expect unequal power distribution, can impact how parties perceive the mediator’s role and authority. In a high power distance culture, mediation sessions may require the mediator to adopt a more authoritative or directive approach, whereas in a low power distance culture, a facilitative approach may be more appropriate.
Similarly, individualism versus collectivism and uncertainty avoidance can influence how parties approach conflict resolution. In individualistic cultures, mediation may focus more on individual needs and interests, whereas in collectivistic cultures, the mediator may need to consider group norms and harmony. Additionally, cultures with high uncertainty avoidance may require more structure and guidance from the mediator, while cultures with low uncertainty avoidance may be more open to flexibility and exploration of innovative solutions.
Cultural dimensions provide a framework for mediators to understand and navigate cultural differences, allowing them to adapt their approaches to ensure effective communication and resolution in cross-cultural mediation situations.