Problem Solving Mediation Evaluation Form Mediator ✓ Solved

Problem Solving Mediation Evaluation Formmediator

Problem Solving Mediation Evaluation Form Mediator: ________________________ Recorder: ________________________ 100 Total Possible Points Problem-Solving Method of Mediation Grading Rubric The problem-solving method below is found on pp. 68-69 of Moore (2003). Stages 1-5 deal with steps that prepare mediators and disputants for the eventual mediation process. Stage 6 begins the mediation process. Stage 1: Establishing Relationship with the Disputing parties Stage 2: Selecting a Strategy to guide Mediation Stage 3: Collecting and Analyzing Background Information Stage 4: Designing a detailed Plan for Mediation Stage 5: Building Trust and Cooperation I.

Introduction: Stage 6: Beginning the Mediation Session (18 pts) 1 Introduction of the mediators (establish credibility) and parties ____/ Gain commitment from parties to participate ____/ Definition of mediation (informal, self-determination, collaboration, control, etc.) in alignment with the problem solving model ____/ Educate parties about the mediation process; role of mediation and mediator’s role ____/ Uses a metaphor for describing what mediation is in problem solving approach ____/ Explain the benefits of mediation in terms problem solving mediation ____/ Develops rapport/credibility with the parties ____/ Statement of impartiality and neutrality (avoids authoritative stance) ____/ Description of the proposed mediation procedures ____/ Explanation of the concept of the caucus (use the word separate session instead of caucus) ____/ Definition of the parameters of confidentiality (except where disclosure is required by law-which involves child and adult abuse issues). Also, parties are allowed to seek legal advice. ____/ Description of logistics, scheduling and length of meetings (agenda) ____/ Suggestions for behavioral guidelines or ground rules ____/ Answers to questions posed by the parties ____/ Securing a joint commitment to begin ____/ Preview the session: what should parties expect will happen ____/1 Total points Earned ______/18

II. Body: A. Stage 7: Defining issues and setting an agenda & identifying global needs (8 pts) 1 Ask permission to take notes ____/ Identify the true interests that must be satisfied in a potential settlement ____/ Asks open-ended questions; reframes when necessary ____/ Clarifies issues and interest are most important to work on ____/ Identify key people involved in dispute ____/ Determine the sequence for handling the issues ____/ Ask parties to generate shared needs (global needs) ____/ Establish common ground in parties ____/1 Total Points Earned _____/8

B. Stage 8: Uncovering hidden interests of the disputing (5 pts) 1 Engaged in interest-oriented discussion for each individual party ____/ Use brainstorming to uncover hidden interest ____/ Restate each party’s interests and get confirmation that you are correct ____/ Public restate the interests of both parties n a joint-problem statement ____/ Asks the parties of the description of the parties’ interests are accurate; restate until mutually acceptable. ____/1 Total Points Earned _____/5

C. Stage 9: Generating options for settlement (3 pts) 1 Help parties generate several options ____/ Identified and shared possible outcomes with parties ____/ Used appropriate interventions (alternation, integrative interest-based solutions, log rolling, etc.) ____/1 Total Points Earned _____/3

D. Stage 10: Assessing options for settlement (4 pts) 1 Clarify with parties that options are do-able ____/ Clarify options are substantive (they define specific exchanges) ____/ Assess the costs and benefits of selecting options with parties ____/ Encourage positive settlement ranges ____/1 Total Points Earned _____/4

E. Stage 11: Final bargaining (6 pts) 1 Incorporate deadlines in final agreement if necessary ____/ Discuss consequences of not meeting deadlines ____/ Schedule follow-up (if necessary) ____/2 Total Points Earned _____/6

III. Conclusion: Stage 12 Achieving formal settlement (7pts) 1 Reviews the agreement terms appropriately and accurately ____/ Identify procedural steps to operationalize the agreement ____/ Establish an evaluation and monitoring procedure ____/ Formalize the settlement and create an enforcement and commitment mechanism ____/ Reviews confidentiality of the session ____/ Commends participants for their participation ____/ Congratulates parties for their progress or settlement ____/1 Total Points Earned _____/7

VII. DELIVERY AND MEMORY LOG (19 points) 1 Cultural sensitivity ____/ Direct and shared eye-contact to both parties ____/ Effective gesturing ____/ Avoids reading or too much note taking ____/ Effective vocalics: articulation, volume, rate, projection ____/ Effective kinesics: posture, movement ____/ Composure during emotional times ____/ Uses appropriate humor ____/ Establishes credibility ____/ Maintains rapport with parties during the session ____/ Expresses sincerity, confidence, and dynamism ____/ Demonstrates appropriate facial expressions ____/ Uses parties’ names (generally first name unless parties desire otherwise: need to ask at the beginning of the session) ____/ Effectively displays memory log of the session ____/ Writes appropriate memory log for Section II, Stage 7 ____/ Writes appropriate memory log for Section II Stage 8 ____/ Writes appropriate memory log for Section II Stage 9 ____/ Writes appropriate memory log for Section II Stage 10 ____/ Writes appropriate memory log for Section II Stage 11 ____/1 Total Points Earned _____/19

TOTAL POSSIBLE POINTS FOR MEDIATION SESSION 70 POINTS TOTAL POINTS EARNED FOR MEDIATION SESSION ______/70 VIII. Outline (20 points) Outline should follow the format above and labeled with Roman numerals: a I. Introduction: Beginning the Mediation Session ____/4 b Body: A. Defining issues and setting an agenda & identifying global needs B. Uncovering hidden interests of the disputing C. Generating options for settlement D. Assessing options for settlement E. Stage 11: Final bargaining ____/12 c Conclusion: Achieving formal settlement ____/4 Total Points Earned _____/20 Case Study (10 points) a Is case study real and current; and APA citation style use? ____/2 b Contain information on background, history, issues, situation, context, communication, etc. ____/5 c Have two parties ____/1 d Does the case study contain a detail of hidden interests of parties? ____/2 Total Points Earned _____/10 SUMMARY SECTION TOTAL POSSIBLE POINTS TOTAL EARNED POINTS 1 MEDIATION 70 _____________/ OUTLINE 20 _____________/ CASE STUDY 10 _____________/10 TOTAL POINTS EARNED ________________/100 Comments: Conflicts at the workplace are inevitable as some personalities clash. A personality clash in the workplace is often ignited by a perception of another person’s character and motives or emotions. In this case study, we review a conflict between a newly employed CEO to a company and the senior manager. Before the arrival of Mr. John Ford as the CEO, Mr. Jose Champ was the senior manager and was in charge of administration and overall performance of the company. The Board of Management felt that Champ was being overworked and thus the need to recruit a CEO to help in the running of the firm. The Board had also realized a drop in the company performance thus the need for a CEO. The Board suggested a change in the senior management structure. The CEO, Mr. John Ford was selected through a competitive interview and was supposed to take over the leadership of the firm after some guidance by Mr. Champ. The conflict between the two was negatively impacting their relationship, and they could not steer the company to its goals as was expected. The trust between was fast breaking down. The deteriorating relationship between the two was having an impact on the other employees. For instance, Mr. Champ was used to issuing instructions to the subordinate staff and heading various departments. Since the arrival of Mr. Ford, he felt that he should be consulted before any such instructions are given. Departmental heads were also not sure to whom to report to when an issue arose. Ford felt that he was in the best situation to handle such situations as he was the CEO. Their conflicting personalities become evident from the first day. Mr. Champ felt that his role and his status was being diminished. He also felt that he was more qualified and that the board should have promoted him to the CEO position instead of hiring someone from outside the organization. Champ felt that he could no longer steer the teams below him as he used to and that the success of the company would no longer be associated with his input and thus wouldn’t be recognized. Champ was also unhappy with Ford’s style of leadership and character. He felt that he was authoritative, proud and did not consult when making his decisions. This gave the impression that his opinions to major decisions such as promotions and demotions of employees weren’t important any longer. He also felt that the CEO was proud and did not address him with respect in front of the other employees. The CEO, on the other hand, felt that it was an opportunity to put his vast skills and experience to use. Mr. Ford, on the other hand, felt that since the company had hired his services, he should be fully responsible and he should not consult the senior manager in any if his decisions. He felt that the position of the senior manager should no longer exist as it led to the conflicting roles. Ford was sometimes discouraged when he issued instructions to department head inquiring on various issues only to find that Champ had issued different instructions. Champ’s attitude did also not impress Ford. He felt that Champ was jealous of his promotion and that he was unresponsive to change in that he still wanted to be held with respect by the other employees even though he was no longer the overall company head. A good thing to note is that each of the parties had hidden interests that inflated the conflict. The CEO felt that his growth ambitions in the company were limited as long as the senior manager was still serving. He wanted to have an opportunity to fully be in charge of all the dealings in the company. Ford wanted Champ to recognize him as the head and respect the decisions he made in the company. On the other hand, Champ, the senior manager felt that his dedication to the company had not been recognized by the Board and thus felt unappreciated. He felt that the Board should have considered him while recruiting the CEO as he felt he was the best suited. Also, during the recruitment process, he has made it clear to the Board that Ford wasn’t the best to work with but the Board went ahead and recruited him. Ford also felt that he could no longer get the respect he used to be accorded by the employees and staff as it was initially. In conclusion, it is evident that mediation is inevitable to solve the conflict between Ford and Champ to ensure that they have a good relationship. The mediation will also try to look into the underlying issues that led to the conflict. Mediation will also ensure that the performance of the company is not interfered with.

Sample Paper For Above instruction

Introduction

The following paper provides an example of an effective mediation process based on the problem-solving method outlined by Moore (2003). It begins with establishing rapport and credibility of the mediator while introducing the parties, explaining the mediation process, and setting the stage for cooperation. The mediator emphasizes neutrality, confidentiality, and the procedural flow to build trust and facilitate open communication.

Stage 1: Establishing Relationship with the Disputing Parties

The mediator first introduces themselves and their role, ensuring credibility. They then build rapport with each party by actively listening and demonstrating understanding of their perspectives. Gaining the parties’ commitment to participate is essential, as well as providing a clear definition of mediation consistent with the problem-solving model. The mediator educates the parties on the process, role expectations, and benefits of mediation, using metaphors and aligning the process with their interests. Additionally, confidentiality parameters are explained, along with logistical arrangements and ground rules to foster a safe environment for discussion. The mediator secures a joint commitment to proceed, previews what to expect, and clarifies questions from parties.

Stage 2: Defining Issues and Setting an Agenda

During the second stage, the mediator seeks permission to take notes and asks open-ended questions to identify the core issues. They work with the parties to uncover their true interests behind their positions, asking about the key individuals involved and the sequence for addressing conflicts. The focus is on establishing shared needs and common ground, which sets a foundation for collaborative problem solving. Brainstorming sessions facilitate uncovering global needs, and the mediator reframes concerns as interests to prepare for options generation.

Stage 3: Uncovering Hidden Interests

In this stage, the mediator employs interest-based discussions for each party, using brainstorming to identify underlying motivations that are not immediately apparent. Restating and confirming these interests help ensure mutual understanding. Through joint restatements of interests, the parties recognize the shared or conflicting hidden needs, which informs the development of mutually acceptable solutions.

Stage 4: Generating Options for Settlement

The mediator facilitates brainstorming to develop multiple options for settlement. It’s important to identify and share potential outcomes, encouraging creativity and openness. Appropriate intervention techniques such as interest-based negotiation and log rolling are employed to expand solutions and meet both parties' needs, fostering an environment where consensus is achievable.

Stage 5: Assessing Options and Making Final Bargaining

Next, the mediator works with the parties to evaluate the feasibility of their options, clarifying whether they are practical and substantive. This includes discussing the costs, benefits, and potential consequences of each option. Encouraging positive settlement ranges helps parties move towards agreement, and deadlines or follow-up schedules are incorporated as needed. The final stage involves detailed bargaining, where the parties solidify commitments and agree on procedures for implementation, monitoring, and enforcement.

Achieving Formal Settlement

The mediator concludes by reviewing the settlement terms for accuracy, establishing operational steps, and creating mechanisms for ongoing evaluation and compliance. They commend participants for their efforts and reiterate the confidentiality and voluntary nature of the process. This comprehensive approach ensures a sustainable resolution, reduces future conflicts, and preserves ongoing working relationships.

References

• Moore, C. W. (2003). The Mediation Process: Practical Strategies for Problem Solvers. Jossey-Bass.
• Boulle, L. (2005). Mediation: Skills and Techniques. LexisNexis Butterworths.
• Columbia, C. P. (2019). Effective Mediation Skills. Harvard Negotiation Law Review.
• Fisher, R., Ury, W., & Patton, B. (2011). Getting to Yes: Negotiating Agreement Without Giving In. Penguin Books.
• Shell, G. R. (2006). Bargaining for Advantage: Negotiation Strategies for Reasonable People. Viking.
• Lewicki, R. J., Barry, B., & Saunders, D. M. (2015). Negotiation. McGraw-Hill Education.
• Moore, C. W. (2003). The Mediation Process: Practical Strategies for Problem Solvers. Jossey-Bass.
• Wilmot, W. W., & Hocker, J. (2014). Interpersonal Conflict. McGraw-Hill Education.
• Ury, W. (1991). Getting Past No: Negotiating with Difficult People. Bantam Books.
• Rathwell, K., & McCollum, L. (2017). Conflict Resolution Strategies in Organizational Settings. Journal of Organizational Psychology.