Mediation Advocacy and Practice Essay Example | Topics and Well Written Essays - 3250 words

Mediation Advocacy and Practice - Essay ExampleWith the mediator acting to transform the relationship by honing in on the legal issues of contributory negligence on tantalizes part and the landlord respondents liability, the parties were able to see each side differently and colonised the matter for US$65,000 (Resnick vs. Stevens Realty). The mediator used caucus sessions for the most part. The first session consisted of having both sides nation their slip-up with probing and questioning from the mediator. Once both sides presented their cases, the mediator come acrossd into caucus sessions. He brought with him, 15 years of litigation in the area of personal injuries and let both sides know in his asylum that he was very familiar with how lawyers handled these cases, how judges ruled and how jurors responded to these kinds of cases. Even so, the parties were informed that there were no certainties with regards to conclusion in civil litigation. This in and of itself created an xieties. By choosing mediation, they parties were in a unique position to re continue the fear associated with outcome and they could control their proceedings and the outcome. I thought this was a good way to get the parties to bear down to resolving the conflict themselves. The mediators evaluative and transformative approaches appeared to work out rather well. However, there were time during the caucus sessions where I felt he spoke too quickly and put significant hug on both sides to move the negotiations along. The mediator emphasized that time was running out and they needed to move forward quickly. Im not sure how long the proceedings lasted and what was the reason for the pressure to move along quickly, but I felt it might have pressured Josh to accept a settlement. I noticed that the parties were wearing the same clothing throughout the video and would assume that the mediations sessions took place in iodin day. Therefore I am not sure why the mediator pressed the part ies to settle the case that day. I was particularly concerned that Josh could not take the pressure since he had been previously diagnosed with post-traumatic accentuate disorder. If I had been mediating this dispute, I would let the parties know that if they need time to think things through, they should be all content do so and not to feel that they had to reach an agreement right extraneous. I think it is Copernican that the parties feel genial with the settlement. I did like the fact that the mediator reminded Josh, that neither side would feel comfortable with the outcome. One party would feel as if he or she did not get what she wanted and the another(prenominal) party would feel that they got too much. However, if they went to litigation, it was quite possible that only one party would come away feeling cheated. This was a good technique for getting the parties to come to an agreement. If I was the attorney representing Josh Resnick, I would have had some concerns about the mediators neutrality at first. At the very kickoff when Resnikcks attorney was stating Joshs case, the mediator appeared to be irritated or bored. His lips were pursed and he impatienceed with his fingers, at times tapping his fingers on his note pad. At one point he took out his pen and began to fidget with it. When it was time to listen to Stevens lawyer, the mediator appeared to have suddenly become more relaxed. The fidgeting stopped and he appeared to be even more engaged. However, his lips remained pursed. However, the Mediator continued to remain engaged for both sides from here on in and his