Essay Example on Mediation: A Beneficial Dispute Resolution Method

There are several methods of dispute resolution. They include mediation, arbitration, and litigation. In the given case study, the chosen method of dispute resolution is mediation. The mediation process is interactive, and a neutral third party assists the disputants in resolving the conflict through the use of specialized communication and negotiation techniques (Moore, 2014). The mediation process is beneficial and allows the disputants to explore their grievances and vent out their feelings (Page & Lehman, 2007). The mediator's goal is to find a sustainable solution that is nonbinding and voluntary. The mediator will not decide who is right or wrong but instead focusses on helping the disputants discuss their differences and find a resolution on their own (Moore, 2014).

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In our given case study, several issues are of concern for the disputants. An essential concept in mediation is knowing how to separate positions and interests. Positions are similar to the demands that we want to be the outcome of the process. Noble (2013) states that people often defend positions and hold on to them because our egos are becomes attached to the position. The scenario results in growing emotions that cloud reason.

On the contrary, Noble (2013) suggests that we should have interests as opposed to positions. Interest goes further to the reasons why we want an outcome. Interest is objective as opposed to subjective. The first mediable issue is the CEO's working location. The board thinks that the CEO should be more frequently available at the Madame Fromage headquarter offices. The CEO values telecommuting because of job requirements. He feels the need to keep in touch with farmers and manufacturers always to try and generate business and innovations for the company. Mediation of this issue is by each party stating their interests and reasons for the benefit and trying to find common ground that works for the two parties. Inconsistent and unconventional working locations of the CEO raises another second issue of communication breakdown. The board feels interests in the discussed two cases is that the CEO should work more from the company headquarters. Working from the company headquarters will improve the communication flow between the CEO and the board.

The third issue from the board is the CEO style of management. The board thinks the style is ineffective to achieve maximum output from the employees. The board has this perception because the CEO is rarely in the office, therefore most of the time, the staff are working on their own and unsupervised (Noble, 2013). According to the CEO, letting employees work on their own is the best practice. The team must discuss this issue to find common ground. The fourth mediable issue is about CEO compensation (Noble, 2013). The board feels the CEO payment is not consistent with his performance. The fifth issue is low CEO performance, characterized by a lack of innovation and changes to make the company profitable. Because of this low performance, then the CEO's pay is not justifiable (Noble, 2013). The CEO believes that the issue of low performance is out of his control. However, the low-performance problem is valid (Denny, 2013). It should be investigated by comparison with how other companies at the same level are performing to justify that the CEO's performance achievements are not to the expected standard.

References

Denny, J. (2013). The Importance of Emotions in Mediation. Mediate.com. Retrieved 1 April 2020, from https://www.mediate.com/articles/DennyJ2.cfm.

BIBLIOGRAPHY Moore, C. W. (2014). The Mediation Process: Practical Strategies for Resolving Conflict. Hoboken: John Wiley & Sons.

Noble, C. (2013, December). Mediation Positions vs. Interests. Retrieved from https://www.mediate.com/: https://www.mediate.com/articles/NobleCbl20131207.cfm