Business and Neighbor Mediation and Their Strengths and Weaknesses

Mediations Analysis of Business and Neighbor Conflict
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Part I: The Business Mediation
Mediation Model
The mediation in the video conforms to the Western model of mediation in the sense that the process starts with an introduction that involves welcoming the parties. From the introduction, the mediator moves the mediation to storytelling where the parties are offered the opportunity to express their sides of the story in the dispute. After the storytelling, the mediator allowed Mr. Sharp and Ms. Smith to come up with a proposal that could be implemented to resolve the dispute. In addition, the insight mediation model was evident in the video. To this end, the mediator showed interest in identifying the issues responsible for the conflict between the two parties. The mediator used his questioning and listening skills to establish the meanings and emotions of the disputants.
Management of Process
Mr. Sharp's position is that the company should be dissolved and he should receive 70 percent of the proceeds. Ms. Smith's position is that the profit distribution should be 50 percent for each party. Mr. Sharp’s BATNA was making sure that he secured the money he required to take care of his daughter. On the other hand, Ms. Smith's BATNA was making sure that the business remained intact.
The mediator managed to get the disputants to move from statements of position to statements of interest. To this end, the mediator used CHEAP VIC questions to establish the interests of the parties. In the caucus, the mediator identifies the priorities and expectations of the two disputants. The use of the CHEAP VIC question allowed the mediator to recognize that Mr. Sharp mostly wanted to take care of her daughter, while Ms. Smith was interested in keeping the business intact.
The mediator mostly relied on the use of open-ended questions to allow the progression of the mediation between the two parties. An example of reframing that is used in the mediation is the change in the agenda from the dissolution of the company to a discussion on share transfer. An example of active listening is shown by the mediator when noting down the demands of Mr. Sharp. He repeats the figures provided by Mr. Sharp while noting them down.
Caucusing occurred in the mediations and it was essential in breaking the deadlock between the two parties. The caucus provided sufficient information that allowed the mediator to contextualize the dispute. Mr. Sharp provides information about her daughter’s sickness and how it motivated him to decide to sell the company. Ms. Smith expressed that she was willing to buy out Mr. Sharp’s shares in the caucus. The information may not have come out during the joint session as Ms. Smith could not effectively communicate with Mr. Sharp.
While setting the agenda, the mediator focused on future goals. The mediator used the BATNA of the parties to encourage more cooperation between the disputants. To this end, the mediator offered an opportunity for Ms. Sharp to prevent the dissolution of the company by proposing that Julia could help Mr. Sharp overcome his issue.
There were no power and cultural issues in the dispute. Eventually, Mr. Sharp...