Critique Of Mediation

Discuss & critique the mediation process with reference to the mediation literature. Briefly discuss the mediation process in the private or public domain.
Introduction
This essay will have four main parts. Initially an overview of mediation, after which the main body will explore the actual modus operandi with reference to the mediation literature. There will be a critique of some aspects of the process. Following this the writer will outline and critique a case in which she was involved. The final paragraph will sum up her learning from writing this essay.
Definition of Mediation.
"Mediation is a conflict intervention process through which a trained mediator is engaged by people in dispute to enable them hear each other’s concerns, negotiate

Storytelling is very important as it allows frustrations, hurt or/and anger to be heard in a safe place. It enables the mediator to understand their perspectives. The mediator may use occasional questions to clarify his/her understanding as well as help clients to name or define issues more concisely. In addition to listening, a strategy called reframing (or paraphrasing or restating) is used. ".... by “restat[ing] a comment or an issue in different words and phrases. .. The mediator attempts to subvert the negatives and move the parties toward resolution". Burton, Z, (1998) Because people who end up in mediation are convinced their take on the dispute is correct this approach can help change attitudes and behaviours.
Getting Together
In the first joint session each 'story' is repeated, without interruption. Again, the mediator uses her/his skills of empathetic listening and reflecting back the main issues in a non-judgemental way. The process may uncover underlying issues 'and systematic causes which may be the main source of their dispute'. Beer, J. & Stief, E. p.3 (2012) It may take days or weeks in which all sides of the issues are explored. Various options will emerge. They will be discussed, scrutinised, variously rejected or accepted until an agreed resolution has been found. A draft is written down and signed by both parties.

The teacher, Ms C had been employed through a system where teachers surplus to requirements in one school were automatically seconded to another growing school.

The Complainant
The Principal had spoken to her several times, drawing attention to the school ethos and policies, without success. These efforts were resented and the relationship suffered. Finally she turned to the school Manager for help who had experience as a counsellor. Ms C was not amenable to a formal mediation setting but in his role as school Manager, he was able to 'casually' call to the school when children were gone home.
Positions
In the afternoon 'chats', Ms C's position emerged. She did not think there was any need to waste time on 'non academic' subjects. She had been the recipient of corporal punishment in her school days and it had done her no harm. 'Yard duty' was also a waste - children had never needed supervision in her 'old' school. The Principal’s position was that it was her duty and professional responsibility that the school ethos be maintained, policies adhered to and the required subjects taught.