Mediation and Mediator Skills: A Critical Appraisal

Rahman, Kazi Abdur

doi:10.2139/ssrn.3231684

Cited by 6 publications

(5 citation statements)

References 2 publications

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“…Mediation: In this ADR strategy, disputants willingly involve the assistance of a neutral party (a mediator). The mediator is not in the capacity to take/make the entire decisions for the disputants but employs skills to enhance the resolution between the parties without adjudication (Rahman, 2012). Mediation is an effort to resolve a clash of opinion through the intervention of a mediator who tries to look for resolution, however, settlement may or may not be achieved (Hill & Hill, 2008).…”

Section: Contemporary Methodsmentioning

confidence: 99%

Dispute Resolution in Real Estate Transactions: Examining Factors Determining the Selection of Strategies Used

Oluleye,

Oyetunji,

Ogunleye

2020

INTREST

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Disputes are inevitable in human interaction during business transactions. There are growing numbers of reported cases associated with disputes in real estate. Disputants always seek for ways to resolve and manage the varying issues arising from these transactions. This study examined the choice of dispute resolution strategies and the factors influencing its adoption in real estate in the bid to provide information capable of promoting peaceful co-existence amongst disputant parties. Structured questionnaires were administered to 60 disputants and 24 real estate firms in Akure, Nigeria and the information collected were analysed using the Mean Item Score (MIS). Findings showed that arbitration, litigation, Ijoko Ojogbon (a weekly TV-series program on land dispute settlement) and palace court are the top three most adopted strategies for real estate dispute resolution in the study location. Litigation, as found out, is being sought when ADR fails to pacify the issue at hand. The traditional strategies of dispute resolution such as Ijoko-Ojogbon and palace court were more prominent among the disputant because the time involved, the verdict enforcement and the cost in obtaining a judgement are relatively cheaper and are adduced as the major factors determining the choice of resolution strategy adopted by the disputants. It is therefore recommended that the crippling formalism and the unnecessary delay involved in litigation should be checked to hasten the resolution process. The traditional strategies of dispute resolution should be widely embraced, while the government at all levels should put up laws that will further empower traditional ADR process.

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Section: Contemporary Methodsmentioning

confidence: 99%

Dispute Resolution in Real Estate Transactions: Examining Factors Determining the Selection of Strategies Used

Oluleye,

Oyetunji,

Ogunleye

2020

INTREST

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“…114-115) have also stated that a mediator should be impartial, trustworthy, flexible, creative, patient, able to understand different perspectives, able to analyze problems and discover key points, most importantly able to balance training, knowledge, judgment and intuition and a good listener. Also, researchers state that, building rapport (Crawley & Graham, 2002;Goldberg, 2005), being reliable (Goldberg, 2005;Goldberg, Sander and Rogers, 1992;Monagan & James, 2010;Sandu, 2013;Zaleniene & Tvaronaviciene, 2010), neutral (Astor, 2007;Cloke, 2002;Sandu, 2013;Cooley, 2006;Rahman, 2012;Weinstein, 2001); confidentiality (Meyer, Farrell, Northup, & Plybon, 2000;Murray, 2011;Moore, 2014;Rahman, 2012;Sandu, 2013;Shapira, 2016), optimism (Curtis, 2015;Sandu, 2013;Boulle, Colatrella and Piccihioni, 2008), communication skills (Alikılıç, 2017;Collins, 2005;Meierding, 2004), listening skills (Collins, 2005;Diaz, 2007;Frenkel & Stark, 2018;Meierding, 2004;Rhizome, 2010), empathy (Collins, 2005;Curtis, 2015;Duffy, 2010;Goldberg, 2005;Gordon, 2015;Meierding, 2004;Isenhart & Spangle, 2000) are very important for a mediator.…”

Section: Mediationmentioning

confidence: 99%

Teachers’ Enneagram Personality Types, Their Perceived Organizational Culture and Mediation Attitudes*

Karaduman,

Çetin

2024

Preprint

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The aim of this study is to investigate the relationship between teachers' enneagram personality types, their perceived organizational culture and mediation attitudes. Structural equation modeling is used in the study. The sample of the study consists of 463 teachers who work at primary, secondary and high school levels in public schools in Istanbul, Turkey. Enneagram Personality Scale, School Culture Scale, and Mediation Attitude Scale are used in the study. According to the results of the study, there are significant relationships between teachers' enneagram personality types, mediation attitudes, and organizational culture. Also, among the teachers' personality types Type 9, Type 8 and Type 1 predict teachers' mediation attitudes and organizational culture has a mediating role in the relationship between teachers' personality types and mediation attitudes. Therefore, personality types and the culture of the school should not be ignored for teachers to be able to mediate and to be guided to mediate.

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“…Source: Interview with Islamic religious leaders, Islamic agencies, and Islamic NGOs (2022) Although some opinions state that a mediator does not need an academic degree or work experience to be a mediator (Abdul Rahman, 2012), the responsible mediator needs to improve their skills by attending training courses (Dingle, 2013). This was also explained by Omar and Markom (2017) who stated that the mediator must be someone who has the experience and consent to assist in the mediation process themselves.…”

Section: A3mentioning

confidence: 99%

Religious Conflict Management: An Overview of Mediation Concept and Challenges

Rahman¹,

Ishak²

2022

IJARBSS

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Mediation is one of the Alternative Dispute Resolution (ADR) methods to avoid lawsuits which costs time and money in resolving disputes. However, its use in Malaysia is seen as fraught with obstacles and challenges, particularly in settling religious disputes. Therefore, this study will discuss the obstacles and challenges of mediation in managing religion-related conflicts in Malaysia so that the use of mediation can be improved to strengthen its implementation in Malaysia. The research method used is qualitative and analyzed thematically using NVivo software. Respondents consisted of 3 Islamic religious leaders, 3 agencies and 2 Islamic NGOs. The study found that the main challenge in implementing mediation is the intervention of external forces that aggravate the situation. Add to that the loophole in the law, the mediator's professional training, the personality that the mediator must show and the cooperation of both sides during the mediation. Therefore, the researcher hopes that further research will be carried out to solve the obstacles and challenges of opening the community's eyes to the use of mediation methods in dealing with religious conflicts.

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Mediation and Mediator Skills: A Critical Appraisal

Cited by 6 publications

References 2 publications

Dispute Resolution in Real Estate Transactions: Examining Factors Determining the Selection of Strategies Used

Dispute Resolution in Real Estate Transactions: Examining Factors Determining the Selection of Strategies Used

Teachers’ Enneagram Personality Types, Their Perceived Organizational Culture and Mediation Attitudes*

Religious Conflict Management: An Overview of Mediation Concept and Challenges

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