ADR 1003 ALTERNATIVE DISPUTE RESOLUTION 2011- SPRING INSTRUCTOR: NORA SIMPSON LAMBTON COLLEGE SARNIA ONTARIO

JOURNAL ASSIGNMENT # 2

Prepared by: Vijay Panchal c0584046

Being a mediator was a first experience for me. As taught in the class, being a mediator you are supposed to deliver variable options for the conflict and not the judgement or decision. So I being a mediator was getting ready for the different options. I was given a case where the conflict raised was due to some problems in computer software. Yes, there were some surprises during the time where two parties were explaining their problems. I found something that was not common. The problem according to the handout was differing for both the parties, as the CAS kept on saying that the Allied Industries employees who operated the software were illiterate. Whereas, the Allied Industries said that there was a lady from CAS who inspected and agreed that there was a problem with the software. I went for using the caucus at that time to come to the edge of the problem. Yes I performed well during the role play. At a certain stage in mid of the conflict I felt like I was losing the interest of the two parties. CAS was almost ready for a lawsuit saying that according to the agreement if they appeared in the court, they had a full chance to win the case. Using the caucus I found out the basic interest, that is what the both parties were really looking for, and also made them aware about possible loss of time and money by appearing in the court. That is the due payment for CAS, and compensates the loss or overcome with a solid solution of software for the Allied Industries. So the option I gave was CAS will be fixing the problem by installing easy software, and also providing training to Allied Industries employees. In return Allied Industries will clear half of the due payment and the remaining half when they make sure about the problem being fixed within two days after training delivered by CAS. I would have been arbitrator cum mediator and would have delivered the decision. As ultimately it was favouring both the parties also looking for their future relationship in trade world.