Online Custom «Mediation» Essay Sample


Background and Setting

GeoSolutions Consulting is the geographical positioning and surveying firm that specializes in land administration matters and general positioning and location. Robert and Gordon are the founders of GeoSolutions Consulting.

Robert and Gordon are embroiled in a disagreement concerning how a client’s task of parcel sub-division should be executed. Robert proceeds to sub-divide the parcel single-handedly, without incorporating his associate’s assistance. Thus, Robert carries out the sub-division and demarcates the boundaries on the ground. Later on, the county government surveyor realizes that the demarcations carried out by Robert are flawed, which results to the revocation of the parcel’s titles. Part of the demarcations fell unto the land belonging to the county government. The client threatens to sue GeoSolutions because of the below-par job conducted under Robert’s stewardship on behalf of GeoSolutions Consulting. The two partners are involved in a tussle regarding who ought to answer for the financial and public relation losses facing the firm.

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Now that the damage has already been done and finding a solution to the ensuing predicament is the issue under contention, it becomes necessary to engage the services of Regina, who is experienced in conflict resolution. Regina’s track record in mediation is un-matched and her services are cost effective. These factors contribute towards the partners’ choice to engage her to unlock the stalemate.

How was It Mediated?

During the establishment of a consultancy, partners should take an oath to safeguard and execute business in the best interest of their firm at the expense of personal gains (Boulle, 2005). After listening to each party’s case, a mediator should determine who is guilty (Cremin, 2007). A mediator is able to discern issues such as culpability. In the case under discussion, since Robert chose to proceed and carry out the job while disregarding his partner’s opinion, he is obliged to face the consequences of his actions.

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The mediator decided that Robert was required to cover a large percentage of the financial losses that the firm would potentially incur as a compensation to the client. According to Bray (2013), a culpable party incurs the consequences emanating from his/her actions. Thus, this was the penalty Robert received for choosing to prioritize personal interests instead of those of the firm. Moreover, the damage in terms of defaming the firm’s operations and diligence needed a redress. Additionally, the mediator decided it was prudent that the firm made peace with the client by promising to perform any future task bestowed on it accurately and precisely.

Regina attempted to mediate on behalf of the firm with the client to facilitate an out of court settlement that could result in a compensation. However, her efforts failed because the client did not accept it.

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The set-up of the mediation session entailed joint meetings that involved all parties. Each party presented its case concerning their role in the emergence of the conflict. Thus,  the mediator facilitated the solution process by making the parties assess and discuss the conflict together. As a result, it was easier to reach a conclusive agreement.

What Would I Have Done?

Even though I know Regina tried to settle the case with the client out of court and failed, I would have taken the same strategy, but a different approach. I would have begun by finding out why exactly the client was unsatisfied. Similarly, I would have tried try to understand why the client opted to seek a court ruling on the mistakes of Robert by suing GeoSolutions. As a mediator, I would have persuaded the client to negotiate with the consultancy and listen to their attractive offer, which would have been a part of the compensation. For the benefit of all parties, I would exhort the client to accept a re-imbursement of the monies already spent for the subdivision and make GeoSolutions to pledge to carry out at least one free sub-division as a bait to avoid court involvement.

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