Case Study Mediation is a voluntary process used by disputing parties to resolve conflicts. The mediator is a neutral third party, who shows no preference among the disputants (Blake, Browne, Sime, 2012; Zutter, 2007), and who acts as a facilitator, encouraging the disputing parties to work towards a resolution to their conflicts (McGillis, 1997). A social worker’s role as mediator and choice of conflict handling style in complex Caribbean contexts stems from a deeper self. Rohlehr (in Morgan, 2007) posited that the deeper self is found below the surface of consciousness and affectively influences our personal conflict handling styles. Introduction This paper involves a family property and an external party who now resides in a property through an arrangement with a family member of the property. A conflict developed over the sale of the property and all members desire to have the conflict resolved. The paper includes a mediation plan with the background that all parties agree to discuss their grouses through mediation and work peacefully towards a solution. The plan of action included a communication plan, security plan, mediation conferencing and a clear resolution for all parties to work towards. The resolution agreement confirms that the parties agree to be bound by the terms and conditions of the written agreement and may include the steps to take if similar problems occur in the future. Each party to the dispute must understand the agreement and signal their intention to follow its terms and conditions (Colson, 2012). As a social worker, I had to examine the following factors as recommended by Zutter (2007) for mediation: Outcome issues, Privacy issues, Ability to negotiate issues, Relationship issues, Resource issues, and Time issues. The process selection criteria for the mediation sessions are depicted in Appendix A. This process enabled the mediation process selected which was Evaluative mediation which allowed the social worker to assist each party to weigh the pros and cons of their decisions during the mediation process and make recommendations to the parties involved. This facilitated the mediation process and the opportunity to work towards a resolution. Case Study Analysis The case study revealed that a lack of communication, mistrust, and verbal abuse led to the dispute. The conflict revolves around a property of which no will was made but was the birth home of the siblings involved. Sharon and her brothers grew up in the house. Her eldest brother migrated to another country and the other brother lives 8 miles from the property. Sharon no longer lives on property but lives close-by. Sharon who does not maintain the property met a couple, Kevin and Cindy. Kevin practices plumbing and carpentry as a trade. They needed a place to live and Sharon saw it as an opportunity to rent and renovate the property. Hence, Sharon rented them the property and in the same essence hoped that he would also do some fixing up of the property. The couple lived on the property for several months of which things seemed to be falling into place, Sharon decided to sell the property to the couple without consulting her siblings. Kevin was happy with the decision because this will allow him some form of stability for his family. However it was agreed upon that Kevin would make two payments to fully purchase the property. He paid half the money with the intention of paying the balance within two weeks. Two weeks passed, and he failed to make another payment. This s when things started to get worse. Sharon is vulnerable in this case as Kevin seems to be a violent person. She did not tell her brothers about selling the property, which may be viewed as being selfish as she wanted all the money for herself. She also had no legal documents regarding the agreement between herself and Kevin. This became a major issue. Cindy on the other hand also has some major issues as she is unemployed with five children and solely depends on Kevin to provide for both her and the children’s needs. There is constant arguments between Cindy and Kevin as she suspects him of being unfaithful, which causes distress to the relationship. Cindy is faced with domestic violence as she is physically, verbally and emotionally abused by Kevin. Cindy faces the possibility of becoming a single mother as Kevin is no longer interested in a relationship with her. On the other hand, Kevin has several issues, he does not have a stable income which may lead to emotional stress and this could be a contributor to his abusive behavior. He also has a drinking problem and was abusive and unfaithful to Cindy. He was also verbally abusive towards Sharon and has made threats to her. He refused to pay the money that was agreed upon. He now needs compensation for the renovations and upkeep he has done to the property. He also stated that he will not leave until he gets compensated. He was disrespectful and disruptive as he started having large gatherings, loud music and heavy drinking on the property thus disturbing the neighborhood. He also claimed the property and has brought a pit-bull to prevent Sharon from trespassing on ‘his compound. Mediation Process The mediation process used within the case are as follows: Pre-mediation Time was taken to facilitate the intake process a few days before mediation so as to achieve the following: - Learn about the case from each party member separately to avoid power struggles and control among party members. Allow each client to express his/her expectation of the mediation process Facilitate questions about the future mediation sessions. All the parties will be present at the meetings. However there will be one on one meetings with each individual this will assist in getting all the parties involved personal point of view this will assist in the mediation process. According to Goodman (2005) face to face meeting is preferred in cases with known complexities involving multiple parties. Therefore Tom who lives overseas will have to try to be there in person or get someone to represent him, based upon the feedback from each party avenue will be chosen also the date and time for that meeting to be held this. The Client will be given the opportunity to express themselves and to set goals, objectives and expected outcomes. The mediation process is normally private and confidential, the process is also consensual in that parties must be willing to accept the intervention of a mediator to assist in the negotiating process (Moore, 2003 p. 16). Mediation Opening remarks Pleasant morning to you it’s a pleasure to see you at this mediation session. Welcome to mediation, please have a seat. My name is Shari Campbell, you can call me Miss Campbell. Mediation is a voluntary process and exists for your benefits. I will be guiding the decision making process and will emphasize fairness at all times. Each side will be treated equally and I will act within my limits. Please make yourselves comfortable. All electronic devices must be turned off for example your phones, IPod and or tablets. The rest room is located down the hall from us. Refreshments will also be provided. Please recall the information received during the intake session. If you require clarification, feel free to ask? Information gathering I will be providing you with necessary paperwork forms, please review and if you agree, please sign and return the form. I hope everyone is comfortable and can clearly hear each other from where you are sitting. I have chosen my office as our meeting place as it is confidential, comfortable and appropriate. If there is anything I can do to ensure you feel more comfortable please let me know. If there are any time constraints, please inform me so that we can proceed accordingly. Exploring the issues To start, I will ask that each side state their issues on the table by talking about the case. After both sides have finished, we will then break into separate groups and work from there to resolve the matters. Question that would be asked 1. Do you think mediation will affect you and other around you? 2. What outcome would you like and why? 3. What would you like to know? 4. Has there been any changes in the circumstances? 5. What do you need to hear from the other side? Do you need an explanation of certain decisions or actions? 6. Do you think you proposal is reasonable 7. What is the settlement plan? 8. Do you have a better sense of the dispute now? And can you use that understanding to narrow the issues between you? 9. Did you gain clarity as to each person perception? 10. What is the decision in regards to the sale of the property? Generating options for settlement Mediation Agreement Blake, Browne and Sime (2012) stated that the objective of having mediation is to arrive at an agreement between the disputing parties. The mediator’s responsibility is to assist the client in arriving at solutions. Based on the outcome of a case, a mediation agreement form can prove beneficial. Private meetings Private meetings would be conducted with Cindy to discuss her domestic issues and how to empower her to make a security plan to protect herself and her children. Referrals were used to identify the best agencies to resolve her immediate concerns such as housing, income and security (psychological and physical). Writing the Agreement Mediation Agreement Form This is an Agreement between Cindy and Kevin and Sharon, Tom and Jerry, hereinafter Shari Campbell to enter into mediation with the intent of resolving the issues regarding the sale of a property with a structure. The parties and the mediator understand and agree as follows: This Agreement is made on _________________________________ Parties of the Agreement __________________________________ ________________________________ (Print Name) (Print Name) __________________________ ______________________ ________________________ (Print Name) (Print Name) (Print Name) The Parties have appointed _____________________________________ as their mediator (the “Mediator”) and the Mediator accepts the appointment to mediate, barring and conflicts of interest in accordance with the terms of this agreement. NOW IT IS AGREED BETWEEN THE PAIES HERE TO AS FOLLOWS: 1 Role and Responsibilities of the Mediator a) The Mediator is an impartial third party who does not represent either of the Parties. The Mediator’s role is to help the Parties to negotiate a voluntary settlement of the issues in dispute between them. b) The Mediator will not offer legal advice and has no duty to assert or protect the legal rights of any Party or to determine who should participate in the mediation created by this Agreement (the Mediation). The Mediator has no duty to ensure the enforceability or validity of any settlement agreement reached. c) The Mediator will set the date, time, and location for each session of the mediation conference, unless agreed otherwise between the parties and the Mediator. d) The mediator may conduct other meetings, separate or together and other communications whether orally or written with parties of representatives, before, during, or after a scheduled mediation conference. The Mediator need not disclose the meeting to any other Party. e) Any information, whether oral or written, disclosed to the Mediator in private will be treated by the Mediator as confidential and will not be disclosed to another Party unless the Mediator is authorized to do so by the Party making the disclosure or is required by the law to do so. 2. Roles and Responsibilities of the Parties a) The Parties voluntarily enter into the Mediation in an attempt to resolve a dispute between them. The signing of this Agreement is evidence that the Parties intend to conduct this Mediation in an honest and forthright manner and to make a serious attempt to resolve the dispute. b) The Parties acknowledge that the primary responsibility for resolving the outstanding issues between them rests with them and not with the Mediator. c) The Parties agree to disclose all information pertinent to issues contained within the mediation. Conflicts of interest a) The Mediator has, to the best of his/her knowledge, disclosed to the Parties any prior dealings the Mediator has had with any of them and any interest the Mediator has in the dispute. b) If, in the course of the mediation, the Mediator becomes aware of any circumstances that might reasonably be considered to affect his/her capacity to act impartially, the Mediator will immediately inform the Parties of those circumstances. The Parties will then confer and, if agreed, continue with the mediation before the Mediator or terminate the mediation in accordance with this agreement. 4. Authority to settle and representation at the Mediation a) Subject to this agreement and unless otherwise agreed, each party must be in attendance throughout the mediation. b) A party may appoint legal practitioners and other suitable persons to assists and advise the Party in the mediation and to perform such role or roles in the mediation as the Party requires. Confidentiality of the Mediation The Parties and the Mediator will not disclose any information or documents provided to them in the course of or for the purposes of the mediation to anyone not involved in the mediation unless: Authorized by the disclosing Party to do so; (ii) In accordance with a requirement imposed by or under a law of the country. a) For the purposes of section 5 (I), the Parties are authorized to make disclosure to their legal advisors and/or their insurers on the condition that those persons agree to keep the information or documents confidential. b) Each Party agrees to ensure that any person who attends the mediation on their behalf as an adviser, representative or otherwise, signs a confidentiality agreement in the form attached to this agreement as a condition of that person being allowed to attend the meeting. A risk assessment form is important in mediation as it provides the mediator with vital information on both parties. Questionnaires may be used to provide information regarding how safe the parties feel in the presence of each other, and background information regarding any history of violence, harassment or abuse and whether the police has been contacted regarding the case. Initial meeting may be conducted via telephone or face to face. However, Goodman (2005) suggested that a face to face meeting is preferred in cases with known complexities involving multiple parties. The objectives of the initial meeting is for the mediator and parties to introduce themselves and to administer necessary forms which the clients read and sign before commencing mediation. Risk Assessment Form Client’s Name: ________________________________ Date: __________________ Assessment Description 1. History of being physically/verbally aggressive. 2. Easily annoyed or angered. 3. Aggressive behaviour, overtly loud or noisy, vulgar. 4. Verbal aggression, intimidating/ threatening to others. 5. Physical aggression, e.g. making fist, raising arm 6. Client is able to remain composed and overreacts, seems troubled, nervous or upset. 7. Under influence from alcohol or drugs 8. Withdrawn and seems distance and loss 9. Client in unreasonable and not willing to cooperation Yes/No 10. Previous convictions, jail/prison time Closure Resolution The money from the property sale should be shared appropriately and Kevin should agree to pay the balance he owes on the land. Conclusion Mediation is a tool that is used to settle conflicts peacefully. A mediator has to be a neutral third party that assists individuals in negotiations to amicably resolve disputes. The aim of mediation is to provide effective settlement that both parties can agree upon. Mediation processes typically are effective, cost saving and time consuming. Mediation can provide a resolution in this case regarding the sale of property and how the money should be shared and also for Kevin to agree to pay the balance he owes on the land. Once all the parties involved comes to an agreement by being open minded and willing to work together, the mediation process will be a success. Appendix A Process Selection Criteria 1: Time Issues a. Does it matter how much time is spent preparing for, and participating in, the dispute resolution process? b. How important is it to you to resolve the dispute quickly? Criteria 2: Resources Issues to Consider a. What will each process truly cost? - In lost opportunity? - In legal and other related expenses? - In personal stress? - In future relationships? Criteria 3: Relationship Issues a. Will you and the other disputant have to interact in the future? b. Does the quality of your future relationship with the other disputant have the potential of hurting or helping you? c. Is it important that you treat each other with respect? d. What could happen in the future if either of you is unsatisfied with the process or the outcome? Criteria 4: Ability to Negotiate Issues a. Is collaboration possible between you and the other disputant(s)? b. Is each disputant seeking a realistic outcome? c. Are you emotionally ready to negotiate? Criteria 5: Privacy Issues a. Does the dispute itself have a public dimension? b. How will publicity affect you, your business, your family and your relationship with the other disputant? Criteria 6: Outcomes Issues a. What do you need? - A non-binding neutral evaluation of contentious facts or criteria? - A decision reached by a neutral party? - A detailed, voluntary agreement reached by you and the other disputant(s)? - An enforceable and public court decision?
