When a dispute arises between two or more people, a third party would comes in to help resolve the conflict. This is called mediation and involves a neutral third party trained in helping people to resolve their disputes informally and confidentially (U.S. Equal Employment Opportunity Commission). This summary is a presentation of the different styles of mediation, including its pros and cons. In many cases, mediation is the best way to settle scores between individuals.
There are four main styles of mediation according to Dorman Mediation. Facilitative mediation involves the mediator asking questions while validating and normalizing the conflicting individuals’ point of view without making recommendations. Transformative mediation mainly focuses on empowerment and recognition mainly for growth and change. Evaluative mediation, on the other hand, involves identifying the weaknesses in the case presented. Unlike the former styles, meeting in evaluative mediation are done separately. Lastly, directive mediation involves an intensive collection of facts, arguments, and evidence while presenting advice, opinion, and information. It is more of advisory compared to the others.
Mediation has both its pros and cons but the advantages outweigh the disadvantages. Compared to trials, mediation is cheaper. It is also fast especially with when the parties are cooperative. Mediation is simple and does not have complex procedures that must be adhered to. Through mediation, the parties can revise and adjust their range of conflict and resolutions. As such, mediation is characterized by flexible solutions and agreements. Compared to courts, both parties are more agreeable through mediation. However, mediation may fail to bring the intended results. Their absence of procedural and constitutional protection make them debilitated. More so, they do not have a formal discovery process (National Paralegal).
In conclusion, mediation is essential considering the unending conflict between diverse people with diverse cultures and belief set. Mediators can leverage different styles of mediation depending on the case presented. While mediation is efficacious, it also has its disadvantages.
Dorman Mediation. “Four Different Styles of Mediation” October 18, 2012. URL:
http://dormanmediation.com/mediation/styles-mediation/ [Accessed July 29, 2015].
National Paralegal. “Advantages and Disadvantages of Mediation”
URL:http://nationalparalegal.edu/public_documents/courseware_asp_files/ADR/MediateHow/A dvantageMediate.asp [Accessed July 29, 2015].
US Equal Employment Opportunity Commission. “Mediation” URL:
http://www.eeoc.gov/employees/mediation.cfm [Accessed July 29, 2015].