Question :
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The major question which is to be addressed is to exploratory report on the mediator along with considering the case study of Ankit. The role of mediator is to explored and identify the role in resolution of conflict.
- Evaluate who is the mediator in the case study of Ankit as well as determine their responsibilities.
' Answer :
INTRODUCTION
Case study is based on the Ankit sharma who was identified who was identified as student of national law institute university in Bhopal which is a premier education institution in India. He was recent law school graduate who was delighted to land a job of junior associate at an up and coming legal firm in new Delhi. The clear provides an understanding that Ankit sharma was claimant party who has sued the law firm on the basis of terms of job specifications and description which was provided by employers. Despite of his initial enthusiasm for the job after three months, Ankit has decided to left the firm (Abu-Nimer, 2012). Further, it was also analysed that firm has failed to meet the promises and terms of employment contract in accordance with the compensation and the nature of work they have assigned. There are many possible resolution have been carried out by Ankit to rectify the situation and resolve the problem. Despite of getting resolution of problems, the young had left the job feeling powerless, cheated and angry. There are various problems have been faced by employee in getting salary for the period he worked in organisation. Moreover, a series of major and useless arguments with his superior in the organization has left him all the more bitter. The claimant party in the case also believes that his immediate supervisor also have some problems and his boss also holds some sort of personal grudges against him. In present situation, Ankit is in position of ethical dilemma that whether he should left the job which he needs to do or tough or face the problem and wait for the things to get better. The case provides a clear understanding about the breach of contract which is undertaken by law firm (Wallensteen, 2015). As per the law, parties tends to discharge from contract when they have completed the terms and condition of contract. Contract is identified as written agreement which is enforceable by law. Employment contracts are those important agreements which are signed by both employers and employee at time selection on job (Crowfoot and Wondolleck, 2012). Contract of employment become valid when the both parties in to contract have considered the terms and conditions, job description, job specification and information related to compensation etc.
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Who is mediator and responsibilities
Mediator is the person who perform as a guide which facilitate communications between parties and help to solve the conflict of business. They are responsible for ultimate resolutions of the industry disputes. Mediator has no right or duty provide legal advice to the parties . The parties should want legal advice entirely from their legal advocate and mediator may raise issue and help the parties to search options (Roles and Duties of Mediator, 2017). Mediator help to find out the actual problems of the parties. He \ she will help both the parties and giving a better solution and clear are the doubts. The mediators ultimate play a role as a guide and assist with parties. The mediator may help ijn contacting the other parties to place for an preceding meeting. Mediator focus to solve the important issue of the parties.
The role and responsibility of the mediator to communicate with parties and helping them reach a voluntary resolution to their disputes is timely, fairs and cost effective. Mediators manage the meeting and proceeding their parties impose solutions or making a good decision and has no power to force anyone to settlement. They responsible for setting up a meeting parties will contact with mediator and fix date for the holding of the first meeting. They are responsible for make legal framework for conduct of mediation process and giving a brief description of his work and explain the process of mediation with specific reference to the statutory provision regulating confidentiality (Roles and Duties of Mediator, 2017). The main responsibilities of the mediators are required code of conduct that means follow some act for the performance of their duties. A mediator shall mediate only those aspects in which is related to the freedom from discrimination. If any time mediator is incapable to conduct the process in impartial manner, the parties or any of them express their doubt on may circumstances related impartiality so the mediator withdraw so in case mediation centre appoint another mediator.
A mediator perform their duty and responsibilities effective manner they never disclose to the parties they always try help them. They also permitted when required to prevent harm to the physical of a person or where the revealing necessary in order to follow the agreement between the parties (Gounaris, Chatzipanagiotou and Perks, 2016).
b) Ankit Sharma
Ankit Sharma recently got job so that manager offer him some duties and responsibilities. In order to develop systematic work, manager need to fulfil duties, terms, rules, regulations in systematic manner. As results, they are able to deliver proper functioning in the environment. However, after joining, Ankit found that there is exploitation in term of rules, regulations, etc. therefore, he determines to case so that justice can be considered. Although, there is no clarification towards the job description and person specification which create impact to perform functions. In this aspect, it is important to look upon the systematic work performances that are needed to look for long process. In this way, it is important to understand situation and consist important part to attain desired results. Mediator helps to determines guides towards the parties with effective solution. They never decide to attain more systematic functions and outcomes. As results, by the different parties, understanding needed to focus on the issues that are resolved. In addition to this, manager could be sued by him towards the present case. With this aspect, following things considered by mediator in from situation:
- To conduct mediation with fair and unbiased manner.
- Decline from the mediation when mediator cannot remain impartial.
- Avoid conflict that occurs with interest and appearance during and after mediation.
- Make reasonable inquiries with determine potential conflicts.
- To conduct mediation accordance with the procedure with code of practices.
Mediator roles determine with the everything and necessary that helps to reach towards the agreement. Conveyor helps to contacting with other party so that they can arrange introductory meeting. As educator they are also looking to educate parties with the mediation process and other conflict resolution alternatives also implemented to solve issues and problems. Further, option, principles and research considered with standards activities as well. Communication facilitator role also determines which seeks to ensure that every party fully take part in the mediation process (Gounaris, Chatzipanagiotou and Perks, 2016). Translator need to involves and helps to rephrasing communication to make better understanding towards the research. Process advisor includes trusted that assists to suggest procedure to make effective process in the mediation discussion. It includes caucus meeting towards Ankit Sharma and accused party as well. Angel of realities also involved that considered parties which involved with stated goals and objectives. Interest and positive intensions need to implement to attain more systematic work performances.
In addition to this, their main role is considered as catalyst in which they offer some consideration and stimulate important procedure as well. In this regard, new activities are also design to offers references point with consideration. As results, mediator serves stimulant among the parties agreement. Responsible detail person towards Ankit Sharma also consider which helps to keep track of all important information with writes up parties agreements that assists to implement effective results. Along with this, mediator brings positive outcomes with different agreement so that problems could be resolve systematically. Mediator will helps to resolve matter between different people so that agreement could be reached and parties sign on the agreement. As results, they are binding with each other. Mediator also need to implement Ethical and professional code of practice towards Ankit Sharma to observe confidentiality in respect to all matters. Parties in this process considered with terminate in the mediation session in the process. If an agreement will be reached, parties sign in it. All background information and other important activities need to discussed that assists to well established activities that are needed to perform several functions and operations in the systematic manner. Therefore, it will helps to focus on the some important consideration that are looking by the mediator. Further, it is important to make creativity and attain more targets and goals. Specific legal and ethical requirements of the case also discussed which must obeyed and nature considered with court connected mediation (Gounaris, Chatzipanagiotou and Perks, 2016). It will assist to explore existing research with different roles and current knowledge also develops with collaborative and construct legal representation in the mediation. Participation of the ADR especially considered with increasing manner so that standards followed with legal practices. Government at different level considered aims to shift culture in legal aspect.
Generally, in the present case speaking with mediators needed Ethical and Professional code of practices to disclosed the mediation session. With the proper agreement of parties, usually, it is essential to undertake the creative results. In order to set the different functions and operations, negotiation also takes part to accomplish their desired results towards the case. Without prejudice, nothing is proper developing in the legal procedure. As results, it is important to consider mediation with private confidential process. It needs to keep at all times so that private sessions are also develop with mediator permission. In the present case of Ankit Sharma, it has been stated that there are third party allowed to implement circumstances that matter and disclosed without permission. ADR is the systematic activities that help to make innovations and development program as well. Therefore, effectiveness will be considered in systematic manner. Different roles and duties must be shows in proper way so that it brings some innovations and creativity at workplace (Rebocho, Southam and Coen, 2017). Mediator also brings solution to the systematic procedure regarding decisions as well. Therefore, effectiveness also makes positive consideration with different roles.
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