DB #3 Student Post Reply

  Lauren Snipes  

 Mediation in the criminal justice system allows for an opportunity for multiple parties to talk out their reasons for conflict; to find a safe and structured means of coming to a legal binding agreement (Castillo, 2021). A moderation analysis is used to examine the effectiveness of how two parties react to a neutral party (Hayes, 2013). The neutral party is used as a mediator that can be used for multiple reasons, such as helping for psychological or cognitive support (Hayes, 2013). There are advantages to this method because it provides an opportunity for someone, the mediator, to guide a conversation between the multiple parties who are in conflict (Castillo, 2021). When making legal agreements, this allows for the multiple parties to come to a civilized agreement and the agreement is sealed through a legal binding document (Castillo, 2021). This means that there cannot be any misunderstandings and the agreement must be upheld because if it is not, there are legal consequences (Castillo, 2021). However, to be able to understand certain medications, such an arguing about property, the mediator must understand the town and the area that the property is in (Paris, 2017).  

            An inadequate design can be a mediator who is not familiar with an area and try to mediate two parties who are in a custody battle and a child must choose between school systems (Paris, 2017).  If a mediation does not have the correct mediator, the mediation can fail, and the decision will be taken to the courts for a judge to have to decide the outcome (Castillo, 2021). This can be seen when management has been changed and the new manager must determine who is qualified for each mediation and who would be best for each mediation that takes place (Pick & Teo, 2016). This can then lead to a flawed analysis strategy because the case that is going to be mediated will not be mediated correctly (Hayes, 2013). When the mediator is not prepared or qualified for the case, this can create a clawed analysis strategy (Hayes, 2013).

            It is through a moderation analysis that will determine if a third party, such as a mediator, will have a positive influence on the other parties or will have a negative impact on the other parties (Hayes, 2013). The mediator can also determine the cause of the conflict or what crime has been committed or not committed (Hayes, 2013). When in contrast, a mediator aids in the social aspects of when multiple parties are trying to civilly come together for a solution (Castillo, 2021). If there is a lack of theoretical framework concerning variables affect the application of mediation and moderation analysis, the case may fail and the conflict that was present may not be solved. It is through creating a framework, such as a plan and evaluating who is overseeing the case, will determine if the case will be solved or if the conflict will have to presented to a judge (Castillo, 2021). 

            According to Luke 14:28, it explains that if someone was going to build something, they would sit down and plan out the costs and how to build the structure (New King James Bible, 1985, Luke 14:28). This can relate to mediation and moderation analysis because to have a success mediation to take place, each case must be analyzed and planned out. This verse teaches that whenever something is done, it should be planned. In Proverbs 15:22, its teachers that plans that lack counsel will fail, however, if there are advisers to help with the plan, the plan can be successful (New King James Bible, 1985, Proverbs 19:21). This teaches that even though a plan can be made, it is not guaranteed that it will be successful. This teaches that to help ensure that a plan will be successful, it is wise to look towards the wisdom and advice of others. To correlate with mediation and moderation, when deciding who should mediate a case, it is wise to seek advice from superiors or from a fellow management team.