Neutral Third Party Mediation Essay

Length: 3 pages Sources: 3 Subject: Business - Management Type: Essay Paper: #2014553 Related Topics: Medical Malpractice, Business Negotiation, Negotiation And Conflict Management, Conflict Resolution
Excerpt from Essay :

Mediation Part III

Mediation Neutral


The author of this report is writing a continuing series on mediation and what makes up a typical mediation session as well as what made up an actual mediation that the author of this report and response was involved with. The situation occurred at Fort Belvoir Community Hospital. Specifically, the author of this report will focus on what the overarching difference was, who the parties or sides were for the conflict, who the neutral side was in the conversation, how that neutral party was chosen, why a neutral third party was required and how that person facilitated discussions that led to an acceptable outcome. The author will explain what would have happened had the author been the neutral side in the discussion. While having a neutral party is not necessary to get a resolution to a problem with two dichotomous sides, it is certainly a helpful thing to have at the ready should it be advantageous to have a neutral party.

Neutral Parties

The mediation in question that the author will speak of was basically a union situation where employees were staunchly dissatisfied about something going on and the employer thought that the status quo was alright and that perhaps the overall situation was a creation or at least an exaggeration. An initial meeting was held between the two sides and...


Some progress was made but there was a little bit of foot-dragging and stalling (at least it seemed) when it came to lasting solutions that would benefit both sides. Given that, the use of a non-involved manager with years of experience was brought in to sort of mediate what was going on. In short, the person was a mediator. The third party did not have the authority to order or mandate anything but both sides loosely agreed to let a third party take a look at things and decide for themselves so as to perhaps be the swaying vote for everyone involved. As noted in the prior reports, the root issue at hand is that the employees in a certain department were seemingly short-staffed while the management thought the current staffing levels were fine. Further, the managers thought that the existing employees were not performing as optimally as they could or should and that doing so might lead to a resolution to the problems in play. The employees viscerally and passionately countered that this was absolutely not the case and that any losses in performance and efficiency were due to burnout and hurt feelings from not being supported and being given the benefit of the doubt absent evidence of clear malfeasance or ill intent (Sarchar, 2015; ADR, 2015).

As noted above, the neutral party was a long-tenured manager in…

Sources Used in Documents:


American Arbitration Association. ADR Guides. Retrieved on May 12 from:

McLean, D.J., & Wilson, S.P. (2008). Compelling Mediation in the Context of Med-Arb

Agreements. Dispute Resolution Journal. New York: Aug-Oct 2008. Vol. 63, Iss.

Cite this Document:

"Neutral Third Party Mediation" (2015, March 13) Retrieved January 27, 2022, from

"Neutral Third Party Mediation" 13 March 2015. Web.27 January. 2022. <>

"Neutral Third Party Mediation", 13 March 2015, Accessed.27 January. 2022,

Related Documents
Mediation and Arbitration How Do
Words: 803 Length: 3 Pages Topic: Business - Law Paper #: 49778073

In a legal proceeding, the press and other parties will have access to the topics that were discussed. This prevents information from being leaked, which could hurt negotiations. Informal and Flexible: Arbitration is not following a formal structure. This changes the time and place when these proceedings can occur. Economical: The process is saving time and money by not involving the courts in settling the dispute (which could take years). This is

Mediation and Arbitration in Healthcare
Words: 913 Length: 3 Pages Topic: Business - Law Paper #: 66756833

However, a variation, called "co-med-arb, allows the mediator and the arbitrator to jointly conduct a fact-finding hearing at the outset of the dispute. The hearing is followed by mediation, then arbitrtation" (McLean and Williamson). For the purposes of this review, however, it is the synergy that the processes provide together that are important -- that the two standing alone are no where near as powerful a problem solving tool

Mediation: Online Dispute Resolution Online
Words: 2512 Length: 8 Pages Topic: Business Paper #: 323735

The primary challenge with online dispute resolution is that the online world does not perfectly mirror the real world. Mediation is typically most effective if the parties of the dispute are physically present with the mediator, yet with online dispute resolution there is a level of impersonality that interferes with the mediation process ("The pros," 2003). Although there are benefits to the asynchronous nature of e-mail, mediation is sometimes more

Mediation Law and North Carolina
Words: 1749 Length: 5 Pages Topic: Business - Law Paper #: 42761365

These guidelines were established to set parameters around a mediator's dissemination of legal information. The parameters set authorize a mediator to provide legal information such as brochures or printed material provided by the bar association. However, it strictly prohibits giving legal advice or sharing legal opinions with the parties. Mediation continues to be a controversial topic in the area of civil disputes. Each state has chosen its own approach to

Resolving Disputes Using Mediation or Arbitration
Words: 994 Length: 3 Pages Topic: Business - Law Paper #: 3461900

Mediation vs. Arbitration When it comes to resolving conflicts and situations that arise while engaging in business, the two common remedies that often become obvious and available are mediation and arbitration. When using those words in a normal context, they are related but mean two entirely different things due to the voluntary (or involuntary) nature of the proceedings. There is also the consideration of who (or who is not) empowered to

Mediation, a Process in Which
Words: 2407 Length: 8 Pages Topic: Business - Law Paper #: 15408204

Hence, those people who are particularly concerned about privacy are far more comfortable with mediation as compared to litigation or arbitration for dispute resolution. Confidentiality is particularly important in settlement proceedings as people are often reluctant to reveal their "bottom line" to the opposing party; in mediation, they may reveal their bottom lines to the mediator in confidence who can use the information to settle the dispute. Cost Reduction Mediation is,