Mediation and Arbitration

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Mediation and Arbitration

Introduction

Conflicts are common in all societies. The parties conflicting may decide to compromise or use mediation. Most of them use mediation because the parties are unable to reconcile on their own. According to Noll, there exists no standard methodology of solving conflicts. This could have happened because no one considers the characteristics of conflicts. People are only busy concentrating on debating who the right mediator is, the outcome of mediation and the mediation process. This is why he came up with a theory, which he considered is applicable to solving conflicts (Picard, 2007).

Major point of the pillars

The pillars of this theory are the goals of conflict, level at which conflict escalates, process used in mediation and the outcome. Conflict goals have four components, which include content, relationship, identity and process. When people are in a conflict, both intend to part ways when they are contented. In most circumstances, it is difficult to satisfy both because their demands are contradicting. For instance, one needs to be compensated by the other. The other party is disagreeing. Both parties cannot be content. It will only be possible to one party. This is why the court or mediator decides who is justified to be content (Noll, 2001).

The relationship goal talks about how the parties in conflict relate to each other. Conflicts between parties arise because of a certain relationship. For instance, two people with land disputes show that they are interested in the same thing. Since they cannot agree on who owns the land, it leads to conflict. The relationship here is a common interest in the piece of land. Relationship goals are associated with content goals. This is because eventually, each party will want to be content with the ruling or decision of the mediator (Picard, 2007).

Identity goals involve the personality of the parties in the conflict. Some conflicts end up being magnified and one party may feel his or her self esteem is dropping. It could happen if the party senses he or she may not attain the content goals. In other circumstances, an opponent may threaten the other party. The aim would be to demoralize or discourage a rival. Such action can bruise self-esteem and personality (Wall & Standifer, 2001).

Conflicts are of different forms, and depend on how the conflicting parties intend to solve them. They could choose to use mediation or compromise. For instance, a married couple may have problems. They could choose to use legal consult, discuss between themselves or use another neutral party. These choices are considered as process goals. Most parties use the court because they prefer the rule of law. Social matters may use a neutral party or an elder in that social setting (Noll, 2001).

Generally, parties in a conflict aim at different goals. One party may be interested in achieving process goals while another wants identity goals. One partner wants to use legal process while the other is against it. The other party demands a different process because he aims at identifying goals. However, it is possible for some changes to happen during conflict. This is mostly applicable to the stages of conflict. Changes may happen either positively or negatively. For example, a conflict can end before going through all the stages or escalates until intervention of a mediator (Aliment, 2009).

One size fits all theory

Conflicts vary in a wide range. They have different characteristics and course. It is unlikely to have one theory to apply to all conflicts. Some conflicts may arise with characteristics, which do not conform to the theory. This is why it is not possible to come up with a theory fitting every conflict. General guidelines should be used to understand and solve conflicts. In circumstances where a conflict has uncommon characteristics, a suitable resolution should be made. For example, the two parties can use the law to decide how they should settle the dispute. Another option would be using other relevant authority or people top help with the problem. The mediation theory by Noll is agreeable. It is open-ended and accommodates majority of the conflicts. Conflicts should be handled according to their nature (Wall & Standifer, 2001).

Practical points

The stages of a conflict correspond fully to what actually happens in real life. For a conflict to arise there has to be parties conflicting. It could be two people in disagreement. It becomes impossible to solve such a simple disagreement if one person adamantly wants his or her demand to be respected. If this happens, it marks the beginning of a conflict (Shachar, 2011).

Mediators are required to consider the conflict as a process. This includes taking into accounts facts and emotional aspect of it. For example, a mediator has to understand anything caused by emotions in the conflict and consider other facts too. A person may hate another because of a disagreement. Mediator has to consider the conflict has created hatred between the two parties. This is why a conflict should be viewed as a process since it has several stages and aspects (Aliment, 2009).

Each mediator has uses different means of approaching a conflict. It depends whether the conflict is complex or simple. Complex conflicts require detailed strategies to counter them. The mediator analyzes the conflict and concludes how to resolve it. Considerations are then made before making the final decision. For instance, beseeching the parties to compromise and make an agreement. He can also prepare a document spelling out a fair settlement of the case. If this does not work, then he reads final decision (Noll, 2001).

Reference:

Aliment, R. J. (2009). Alternative Dispute Resolution in International Business Transactions. The Brief.Chicago: Summer 2009. Vol. 38, Iss. 4, p. 12-18, 48-60

Noll, D. E. (2001). A theory of mediation. Dispute Resolution Journal.

Picard, C. A., & Melchin, K. R. (2007). Insight Mediation: A Learning-Centered Mediation. Model. Negotiation Journal. New York: Jan 2007. Vol. 23, Iss. 1, p. 35-53

Shachar, M. (2011) Conflict Resolution Management (CRM). New York, NY: Cengage

Wall, J. A., Stark, J. B., & Standifer, R. L. (2001). Mediation: A current review and theory development. The Journal of Conflict Resolution.