Notes

Introduction
A mediator is an unbiased, neutral third person who helps parties in disagreement with each other resolve their differences. Mediators assist disputing parties in coming to mutually acceptable resolutions to their issues by employing a variety of tactics and communication strategies. The mediator's job is to lead the parties through the negotiating process, encourage good communication, and help them identify points of agreement and win-win solutions. Mediation is a common substitute for litigation in a number of situations, such as family conflicts, workplace conflicts, legal disputes, and community issues. When it comes to helping disputing parties resolve their differences, the mediation function is crucial. In addition to overseeing the mediation process, mediators have an unbiased and neutral function. The following are the principal functions and duties of a mediator:
Third-Party Neutrality: The mediator must be impartial, not favouring one party over the other or displaying prejudice. Their objectivity promotes confidence and trust in the mediation procedure.
Facilitator: The mediator helps the parties communicate with each other. They establish a controlled and secure atmosphere for communication, guaranteeing that every individual has a chance to express themselves and be heard.
Active listeners: Mediators are active listeners who pay attention to the needs, wants, and viewpoints of all parties involved.
Manager of the Conflict Resolution Process: Mediators oversee all aspect of mediation, including agenda-setting, scheduling, and ground rules. They steer the discussion and maintain its course.
From the videos for assessment 2 Rabs. S. (2015) Mediation Demonstration was picked and the main concept of the video was reflecting about Transformative mediator. There was five characters Barbara Fox head of sales Zeus, Enrico Savoritas senior associate, Kevin Mahoney commercial director Ares and Nadia Cillamonie litigation partner. The dispute they were concerns about the Zeus need for the right to a reduction in the price and volume commitment for gas sold by Ared which was contracted for 10 years. Disagreements about the pricing of gas between Zeus and Ares are the main source of the conflict. Zeus feels that the amount they pay for the gas that Ares supplies them with should be lowered. This difference in what people expect to pay is a basic problem. There appears to be a debate over the volume commitment for the gas delivered by Ares in addition to pricing. Zeus may have issues with the conditions of the commitment or be unhappy with the volume that was agreed upon.
Zeus and Ares's conflict can take many forms, and it may even involve important figures in their respective organizations:
Negotiation Deadlock: Because of the two companies' opposing views on pricing and volume commitment, the negotiation process may have come to a standstill. It's possible that they won't be able to come to an amicable agreement.
Tension in Business Relations: Zeus and Ares' business relationship is probably under stress and strain as a result of the fight. Future business transactions and collaboration between the companies may be impacted by this.
Impact on Sales Department: Barbara Fox, Zeus's head of sales, would find it difficult to reach sales goals or satisfy client requests as a result of the pricing dispute with Ares. The performance of her staff and customer relations may be impacted by this.
Legal Action Concerns: The participation of litigation partner Nadia Cillamonie raises the possibility that the dispute has gotten out of hand to the point that one or both parties are thinking about taking legal action or going to arbitration.
Commercial Implications: Ares's commercial director, Kevin Mahoney, is probably worried about how the dispute would affect his company's finances and business. Ares's earnings and market share can be impacted by it.
Long-Term Effects: The dispute may have long-term effects on both businesses, such as possible monetary losses, harm to their reputations, and difficulties in upholding a constructive and fruitful working relationship.
Transformative mediation is where the mediators encourage disputants to acknowledge each other's needs and interests while also empowering them to resolve their issue. According to transformative conflict resolution, problematic conflicts are fundamentally an interactional crisis (Folger & Bush, 2014). People would handle the issue with greater skill if they learned to interact more effectively, as opposed to an interest-based approach to conflict resolution, which concentrates on assisting parties in coming up with win-win solutions. Facilitating communication and giving the parties to a disagreement the power to take charge of the resolution process are the main goals of transformative mediation. It seeks to change how people see the conflict and interact with one another (Seul, 1999). The mediator apply the four principle of mediation; open statement, private discussion, joint meeting and summarize the whole scenario.
Let's examine when transformative mediation might be more or less effective by first understanding how it operates, then moving on to discuss alternate techniques to conflict management and evaluating how well it works.
Effectiveness of Transformative Mediation:
Empowerment and Self-Determination: Transformative mediation places a strong emphasis on the parties' ability to make decisions for themselves. It gives people the freedom to express themselves, choose their own path, and decide how the conflict will turn out.
Development of Communication: The method encourages direct and truthful communication. Mediators urge participants to actively listen, respect one another's viewpoints, and comprehend the requirements and underlying interests of each side. This has the potential to be useful in settling disputes that result from miscommunication or misunderstandings.
Relationship Building: By encouraging a change in the parties' perspectives and interactions with one another, transformative mediation helps strengthen bonds between parties. It promotes compassion and an understanding of the humanity of the other party. This is especially helpful in situations where continuing relationships are at stake, like in family or professional disagreements.
Long-Term Solutions: Transformative mediation frequently results in more sustainable and long-term solutions by addressing the underlying causes of conflicts and giving people the freedom to make their own decisions.
Conflict Prevention: By giving parties better communication and conflict resolution skills, transformative mediation may help in minimizing future conflicts.
Although transformative mediation works well in many circumstances, it might not be the best course of action in others. In the following situations, other strategies might be more appropriate:
High-Stakes Conflicts: To guarantee a prompt and binding settlement, more prescriptive techniques like evaluative mediation or arbitration may be favoured in circumstances where the stakes are too high, such as in legal disputes or significant corporate discussions.
Imbalance of Power: To safeguard the safety and well-being of the vulnerable party, a protective or rights-based approach may be required where there is a considerable power imbalance between the parties, as in cases of domestic abuse or workplace harassment.
Urgent or Time-Sensitive Conflicts: Adjudication or arbitration may be a more appropriate course of action in situations that call for a prompt resolution, such as emergency medical choices or urgent financial conflicts, while transformative mediation can be time-consuming.
Intractable Conflicts: Transformative mediation may not adequately handle some conflicts because they have deep roots in structural, historical, or cultural difficulties. Under such circumstances, a transformative justice or systemic approach would be more suitable.
Lack of Willingness to Engage: The efficacy of this strategy may be hampered if one or more partners are hesitant to actively participate in a transformative process. To force involvement in such circumstances, an alternate strategy such as forcible intervention or lawsuit may be required.
Three mediation techniques that were used effectively in transformative mediation session
In transformative mediation sessions, the following three mediation approaches are frequently employed with success:
Empathic and Active Listening: The foundation of transformative mediation is effective communication. Mediators support the practice of "active listening," in which both parties take turns speaking about their ideas, feelings, and worries while the other listens intently. The mediator makes certain that each person feels understood and heard. By using this strategy, participants can express their opinions, let out their emotions, and—most importantly—feel respected and appreciated.
Open-ended questions: Mediators allow the parties to examine their own needs and interests by using open-ended questions to stimulate insight. The purpose of these questions is to assist participants in exploring deeper into the relevant issues without passing judgment. By starting queries with "what," "how," or "why," the mediator assists parties in identifying the underlying issues causing their disagreement and pushes them to think about alternative viewpoints. When it comes to helping participants identify common ground and viable solutions that meet the requirements of both sides, open-ended inquiries can be especially useful.
Refocusing and Empowerment: The goal of transformative mediation is to provide the parties the tools they need to take charge of their own mediation and conflict resolution. Mediators frequently employ a strategy called "refocusing" to refocus the discourse away from accusations and blame and toward more positive, future-focused dialogues. This encourages people to put less emphasis on old grudges and more on their common interests and objectives. The mediator invites participants to list their desired results and work together to come up with possible solutions. Together, these strategies enable parties to change the dynamics of their interactions and disputes. Transformational mediation assists conflicting parties in reframing their viewpoints, developing empathy, and working toward mutually agreeable settlements through open-ended questions that promote self-reflection, active listening, and sympathetic communication. This method encourages long-lasting and positive improvements in relationships by enabling people to actively participate in creating their own answers.
Three other mediation techniques that could have been used to resolve
Depending on the circumstances and nature of the conflict, there are undoubtedly a number of more mediation strategies that might be useful in settling conflicts. Here are three more methods of mediation:
Interest-Based negotiation: Often referred to as integrative negotiation, interest-based bargaining centres on determining and resolving the parties' underlying needs and interests rather than their views. Even when the disputants' initial requests contradict, mediators enable them to investigate and convey their interests, which may be compatible or shared. Because it moves the emphasis from confrontational negotiation to cooperative problem-solving, this strategy works well.
Caucusing: Caucusing is a procedure in which the mediator has individual, private meetings with each party. When there is a history of hostile contacts, strong emotions, or power disparities between the disagreeing parties, direct communication between them might be difficult. In these cases, this strategy may work well. The mediator can assist each side in exploring viable solutions, discussing sensitive information, and openly expressing their concerns in private meetings. By caucusing, the mediator can pass concessions and proposals back and forth between the parties, attempting to reconcile their differences and promote consensus. LP
Mediator- Proposal Solutions: Potential solutions may occasionally be suggested by a mediator in light of their comprehension of the requirements and interests of the parties involved. When there is a definite impasse in the negotiation or when the parties are finding it difficult to come up with their own answers, this strategy may work well. The solutions put out by the mediator are intended to be impartial and equitable, taking into account the concerns of both sides. This method can facilitate agreement more quickly and offer a systematic foundation. To make sure that the suggested solutions are acceptable to all parties, it is crucial for the mediator to win over both of them.
Past experiences
As talking about myself experience, it was in my workplace. I work as an customer service at Woolworth and what I experience during my post. There was a customer who was very aggressive and was in rush. The checkout machine shows the different price while scanning and after that she make an issue she started shouting and misbehaving us. One of our staff was trying to make her clam to talk but she wasn’t but after sometime she was clam and then I took her in the office where my manager was also there. At that time, I started doing an open statement regarding the issue from the both sides. I also had a private talk with them after sometime she realises her mistake and so our staff did. And what new knowledge to make me into a better mediator is never take a side of any parties. Try to show empathy and understating towards them which helps in a lot of way.
Conclusion
Overall, Human interactions inevitably involve conflict, and preserving positive working and personal relationships depends on efficient dispute resolution. Mediation is an effective means of settling conflicts because it enables parties to have meaningful conversations, identify areas of agreement, and come to mutually beneficial conclusions. Mediators are essential in directing this process, encouraging dialogue, and giving people the confidence to take charge of the settlement. Acquiring knowledge about the origins and expressions of conflicts, in addition to personal conflict experiences, can be a useful tool for those aspiring to become proficient mediators. By using this information, mediators can improve their self-awareness, empathy, and communication abilities, which will ultimately make them more successful in their positions.
References
www.merriam-webster.com. (n.d.). Definition of MEDIATOR. [online] Available at: https://www.merriam-webster.com/dictionary/mediator.
Folger, J., & Bush, R. A. B. (2014). Transformative Mediation: A Self-Assessment. International Journal of Conflict Engagement and Resolution, 2(1), 20–34. https://www.jstor.org/stable/26928945
Seul, J. R. (1999). How Transformative is Transformative Mediation: A Constructive-Developmental Assessment. Ohio State Journal on Dispute Resolution, 15, 135. https://heinonline.org/HOL/LandingPage?handle=hein.journals/ohjdpr15&div=14&id=&page=