Question

In the following scenario, what type of dispute resolution is occurring? 'Party A and Party B have a problem with a contract between them. Party A presents his case to Party C. Party B presents her case to Party C. Party C, who is a government employee decides Party B wins. Party A is not happy and asks Party D, another government employee, to review the matter and make a determination the Party C was wrong and Party A should really win.'

Answer 1

Answer:

To provide a resolution to the conflict, parties A and B have chosen to use a model based on mediation.  This model involves an impartial and objective party hearing both sides.  The mediator will help them to reach an agreement after this exercise.

Explanation:

The model of conflict resolution involving a mediator must follow a series of rules to be effective:

The mediator shall provide the knowledge to facilitate a resolution.

Do not engage parties independently; so both can create constructive conversations and exchange feelings and ideas, conducted by the mediator.

Every participant must describe their particular situation, so both perspectives are brought to the table.  

The mediator should be aware that is his/her responsibility to try to reach an agreement.  Even though not all the time this will be possible, they should be concordance in the majority of discrepancies.  

Solutions must be proposed by parties involved, and in the last stance, suggested by the mediator.  This will feel less intrusive and more constructive.

When an agreement has been reached, a declaration with all conclusions should be written and shared.