Assignment Case Number 2
Drawing from the preceding examples, what factors do you think differentiate occasions when mediation was successful and when it failed? The situation is the key to whether the mediation will be succeeding; and the parties must be willing to bargain and resolve the conflict. In the German public-services and Safeway Supermarket chains they were willing to listen and talk the matter out and meet the problem half way. It helped both parties come to a peaceful agreement. Some of the factors that make mediation work are giving both parties time to present and make introduction about the problem. Both sides tell their story about the matter. Both parties are involved in group processes discussion groups or subgroup where the proposal on the table is addressed that can lead to a final agreement. Factors that may cause mediation to fail are timing, location, frame of mind, and mediator. Timing the parties could have rushed into the mediation and timing is important scheduling mediation. Location may be a factor for mediation not working if the talks aren’t at a non-neutral site. The party’s frame of mind plays a role in the outcome of mediation. Going into mediation feeling that an agreement will come from the process and feel that they failed by settling their dispute in mediation. Last, the mediator could be the problem. He or she may not be the right person to mediate your case. 2.
Once successful mediator, Boston’s Paul Finn, argues that if the disputing parties are seeking justice. It’s best to go somewhere else.” Why do you think he says that? Paul Finn was talking about is there enough money to compensate someone who has lost a wife, a child, an arm or a leg. Finn tells his victim if they are seeking justice it’s best to go somewhere else because in his mediation he uses coarse language, there is that four letter word that he doesn’t use fair. “While he cannot mete out fairness, Finn does...
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