The case in study is about a conflict that existed between J. McGuire a construction/framing company owner who was the customer in this case and H. Hughes of H.H hardware. The case involves a saw which J. McGuire bought from H. H hardware and got broke in the process of usage before the warranty period expired. When J. McGuire came to back to the hardware to claim a replacement as he was told that the saw had a warranty, his comments were ignored by the manager claiming that the warranty was only for those who used the saw for un-professional services. The case study hence explains the conflict in light showing both of the sides’ arguments, stands and interests in the issue.
Mediation is the process through which a third party who is impartial on both parties is involved in trying to bring two or more parties to come to a consensual agreement through creating proper channels of communication (Alfini, 2010). This implies that the decisions that are made by the parties and not the mediator. The mediator key roles are to identify the needs of the parties and their interest and find a way to reduce the obstacles of communication by identifying various unifying factors enabling the mediation process to take place. The difference between arbitrators and mediators is that the mediators will make the final decisions for both parties forcing them to comply with them while the mediator just produces the best environment for the parties to have dialogue and make their own decisions. There are various principles that guide the mediation process and all should be put in consideration to enable the process to be effective.
The case as discussed above involved a conflict between J. McGuire and H. Hughes. J.M McGuire the owner of a construction company saw that he was doing a favor buying his tools locally as the tools were expensive and yet he was not allowed to buy in stock. With all these, the McGuire still wanted to promote his local economy hence endured the costs as he could get better prices and services from other wholesalers in other areas. On this specific day, he went to buy a saw and was told that it had a 3 year warranty and they would replace for him in case of any breakages or repairs associated with the cost. This made McGuire buy the saw and did not bother to read the warranty as he had trusted the salespersons words. It can be seen that the saw was not used frequently as it was used nearly four times a month for minor cuts, which is less frequent as compared to people who use the saw for un-professional use (McCorkle & Reese, 2005).
Once the saw was broken and went to the hardware to demand for a replacement, he was not pleased by the way he was pleased hence decided to tarnish the image of the hardware. All McGuire wanted was to be heard and an apology for the inconveniences caused as the salesperson miss-directed him.
On the other hand H. Hughes, the hardware owner, was not willing to accept liability as it was clearly written on the warranty that it was only for people who used it for un-professional use. Though he knew that the salesperson had the traits to derail most of the clients by giving them false information, the owner emphasized that McGuire should have read the warranty before or after purchase. But once Hughes had that McGuire was planning to tarnish his hardware’s name, he was willing to pay the costs associated with the broken saw as long as they came to an agreement with McGuire as he was important for his business.
McGuire decided to seek the services of a mediator before thing could get out of hand. It can be seen that both the business owners are willing to have their continued relation but all they want is audience from the other party. Both benefit from each other as McGuire brings business to Hughes workshop as McGuire gets his equipment’s and materials from Hughes conveniently as they are near to each other. Hughes business reputation is also at risk hence the need for Hughes to soften up and allow for mediation as he would not want his business to suffer in the long term.
In a nutshell, it could be seen that the involving of a mediator would be of utmost importance as it increases the probability of the conflict being resolved in the most efficient way possible. Hughes and McGuire can come to an agreement where both would air their grievances to each other and cement their friendship further.
Alfini, J. J. (2010). Mediation theory and practice. New York: LEXIS Pub.
McCorkle, S., & Reese, M. (2005). Mediation theory and practice. Boston: Pearson/Allyn and Bacon.