Explain The Difference Between Partiality And Impartiality Of Ethical Party In Mediation (Essay Sample)

Negotiation and Conflict Management
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Negotiation and Conflict Management
1. Explain the difference between partiality and impartiality of ethical party in mediation (10 marks)
The debate over impartiality and partiality of a mediator is widely discussed in the legal and peace studies. It is a common sense that a mediator will inherently affect the outcome of the process through the use of their resources, knowledge, opinions, and ideas consciously or unconsciously(Spencer and Brogan, 2006). In this regard, mediator impartiality cannot be defined but it ensues from the mediation process. It is a requirement that the mediator will engage in a mediation process that does not affect his or her impartiality. It is a requirement by Kenyan law and other jurisdictions that a mediator should withdraw whenever impartiality to the process is challenged (Tchombe, 2006). Impartiality is making mediation decisions without favouring any party while partiality is the process of conducting the mediation process with more inclination towards a party of interest (Tchombe, 2006). The impartiality of a mediator develops confidence within the conflicting parties while the partiality of a mediation process challenges the trust and the confidences of the conflicting parties (Tchombe, 2006).It is an ethical requirement that a mediator should remain from prejudice while facilitating the mediation process basing on the performance, background, or personal characteristics of the parties. Ethically, a mediator is partiality in the process if a conflict of interest develops in the process. Impartiality of a mediator allows them to disclose all the areas that fall under a conflict of interests and proceed with the decision after the consent of the conflicting parties. Ethically, the meditation process is termed as impartial if the mediating party shuns external pressure from affecting the outcome of the process (Tchombe,2006). The partiality of the process is when the mediating person welcomes external forces to interfere with the credibility of the outcome.
2. Mediation requires several techniques to resolve conflict discuss (10 marks).
Nature and the process required in resolving a conflict dictates the mediation process (Christopher 2013). However, there are some standards techniques which must be followed in the process of resolving a conflict. The techniques are narrowed down into two stages;
The first stage is the introduction - It is the initial step following the mediation process. During the process, the parties involved familiarize to one another and also to the situation(Christopher 2013). It is an important process in building the participants’ confidence and trust in the mediation process. It is a process that helps in overcoming barriers to effective conflict resolution. The introduction stage follows the following steps.
* Preparation –It is the first step in the introductory mediation process. It is a stage where an outline of the process is introduced. Parties are given an opportunity to provide their personal understanding of the conflict (Spencer and Brogan, 2006). Through the process pressing issues regarding the conflicts are listed for discussion. The parties discuss the possible resolutions.Finally; the parties reach an agreement about the process of working out the problem.
* The mediator role- it is the second step in introductory conflict resolution process. In the stage, the mediator clarifies his stand in the process of resolving the conflict (Christopher 2013). Role of the mediator is to allow the parties reach an agreement. In the process, the outcome and the final decisions are limited to the conflicting parties.
* Confidentiality and mote taking-it is the third step in the introductory conflict resolution. It is the process where the mediator takes notes of the parties input to maintain the track (Spencer and Brogan, 2006). In the stage, the note is regarded as confidential for the resolution of the conflict only and they have destroyed thereafter a solution achieved.
* Caucusing and taking a break is the fourth process in introductory conflict resolution. The process is intended for breaking tension and fears amid the resolution process (Spencer and Brogan, 2006). It is a process that requires agreement from all the parties to avoid partiality suspiciously. It is normally described as the turning point where the parties realize their actions and their effect on others.
Stage 2: Conflict description-It is a stage where the mediator draws from the perspective of each party (Spencer and Brogan, 2006). The mediator identifies the issues and the way forward. It is the process through each the mediator provides the parties with an opportunity of listening to one another.
3. Discuss the four pillars of reconciliation as deduced by Paul Lederach (10 marks).
Lederach describes the following four pillars of reconciliation from the spiritual perspective (Lederach, 1999). The author maintains that conflict resolution should be guided by the spiritual guidelines and the will of God. Lederach feels that individuals under conflict should start a reconciliation process which is administered and facilitated by the church and spiritual doctrines(Lederach, 1999).
* Negotiation &nd...