MEDIATION/NEGOTIATION

Mediation/Negotiation

Mediation And Negotiation

Introduction

A public policy is a set of principles that directs government actions. The policy may take one of many forms laws, rules, programs, money, court decisions and even customs and traditions (Kilpatrick 2006 p. 158). These policies affect everyone, but not always in the same way. For example a policy that's good for the consumer may not be good for the farmer.

Public policy is developed through a process of debate and compromise. For that process to work effectively, policy makers need to hear from a broad range of people (Kilpatrick 2006 p. 158). They need to know how a policy, or changes in a policy, will affect different groups of people and how each group feels about the change. It's not always easy for our policy makers to find out all the different opinions; it is the responsibility of citizens to be involved (David James 2006 p. 86).

On issues, sometimes there are no "right" answers. No purely "technical fix" exists for some problems; negotiation is an important part of the process, and to make effective policies, policy makers need to build and maintain constituencies. A feedback loop for exchange of information with society is essential.

The number-one benefit of compromise is that it serves as a forum to resolve disputes (Charlton Dewdney 2004 p. 14). Compromise can be fast, quick and easy, or they can drag on for years and years. Since the rules and procedures are usually relaxed in compromise meetings, the parties are also in a better position to represent them.

It naturally follows that compromising on public policy issues also tends to be less expensive; parties will usually end up having to relent on some issues. Benefit can be seen that serves to bridge the gap in proceedings so that the parties can get a better glimpse of where things are headed if they are unable to resolve their differences. Most cases will settle, but many times it is not until the parties are on the verge of war.

Mediation

Mediation is one of several approaches to conflict resolution that uses a "third party" intermediary to help the disputing parties resolve their conflict (Charlton Dewdney 2004 p. 14). Unlike arbitration, where the third party actually makes the decision about how the conflict should be resolved, mediators only assist the parties in their efforts to formulate a solution of their own. The definition of mediation has often created confusion due to the ambiguity of the essence of mediation. Mediation is however used in nearly every area of human interaction.

In some cases, mediation is a more useful and efficient alternative dispute resolution option. This is particularly the case if there is an on-going relationship between the parties (in either a direct or indirect way) and/or there is a relatively small amount of money in controversy (Charlton Dewdney 2004 p. 14). Mediation could be confidential and it allows for any creative settlement options that are satisfactory for all ...