question archive MGNT 3300 Mediation Case Write-up Case Background This particular case talks about mediation

MGNT 3300 Mediation Case Write-up Case Background This particular case talks about mediation

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MGNT 3300 Mediation Case Write-up

Case Background

This particular case talks about mediation. It talks about how mediation can be successful, and how it cannot be successful. Mediation is a form of alternative dispute resolution. It is also a way of resolving disputes between two or more parties with concrete effects. More typically, with a third party, the mediator assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community and family matters. In this case, there is a particular set of situations where as mediation was needed, and within those situations it came out to be a success. Some benefits of a successful mediation can be 1. Cost- mediation process generally takes much less time than moving a case through standard legal channels. Taking less time can be inexpensive. 2.

Confidentiality—while court hearings are public, mediation remains strictly confidential. No one but the parties to the dispute and the mediator(s) know what happened. 3. Control—Mediation increases the control the parties have over the resolution. 4. Support- Mediators are trained in working with difficult situations. In these situations, there are most cases whereas Mediations can also be a failure. Some cases could eventually lead to work stoppage, strikes, many civil lawsuits, and profits could be lost. Mediation is the process of which both parties come together and try to reach a complete level of understanding and an agreement that can not only benefit them, but the people around them as well.

Case Questions

  1. Drawing from the preceding examples, what factors do you think differentiate occasions when mediation was successful and when it failed?
  2. One 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?
  3. Do you think a mediator should find out why the parties want what they want? Why or why not?
  4. The EEOC reports that whereas 85% of employees agree to mediate their charges, employers agree to mediate only 30% of the time. Why do you think disparity exists?

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