Think of a recent dispute you had with someone. If you had to mediate the dispute, would you prefer facilitative or evaluative mediation? Does it depend on the nature of the dispute? Or the disputants? Explain your choice.
Based on your answer, which of the four types of mediation discussed in the lesson (triage, bargain-based, pure, and transformative) would you prefer for your dispute? (Note that two of these types are evaluative and two are facilitative). Explain your answer.
Sample Answer
Title: The Power of Facilitative Mediation in Resolving Disputes
Thesis Statement: Facilitative mediation is the preferred approach for resolving disputes due to its emphasis on communication, collaboration, and the empowerment of disputants, allowing for a more sustainable and mutually satisfying resolution.
Introduction: Disputes are an inevitable part of human interaction, and how they are resolved can greatly impact the relationships and well-being of the parties involved. When it comes to mediating a dispute, the choice between facilitative and evaluative mediation depends on various factors such as the nature of the dispute and the characteristics of the disputants. In this essay, we will explore why facilitative mediation is generally preferable and discuss how transformative mediation aligns with this approach.
Body:
I. The Benefits of Facilitative Mediation
Facilitating Communication: Facilitative mediation places a strong emphasis on open communication between the disputants. The mediator acts as a neutral third party, actively encouraging dialogue and ensuring that both parties have equal opportunities to express their concerns, interests, and needs. This allows for a deeper understanding of each other’s perspectives, fostering empathy and trust.
Collaboration and Empowerment: Facilitative mediation empowers the disputants by involving them in the decision-making process. Through active participation, they gain a sense of ownership over the resolution, leading to a higher likelihood of compliance with the agreed-upon terms. This approach encourages individuals to take responsibility for their actions and find creative solutions that meet their mutual interests.
Preservation of Relationships: By focusing on open communication and collaboration, facilitative mediation aims to preserve the relationship between the disputants. Rather than imposing solutions or making judgments, the mediator helps the parties find common ground and rebuild trust. This approach is particularly valuable when dealing with disputes among family members, friends, or colleagues.
II. Transformative Mediation as a Facilitative Approach
Transforming the Relationship: Transformative mediation seeks to empower disputants by facilitating personal growth and improving their ability to handle conflicts constructively. This approach goes beyond resolving the immediate dispute and aims to transform the relationship between the parties involved. By fostering understanding, recognition, and empathy, transformative mediation allows for deeper personal development and sustainable change.
Empowering Disputants: Like facilitative mediation, transformative mediation promotes empowerment by encouraging active participation in the resolution process. Disputants are given space to reflect on their needs and interests, enabling them to make informed decisions that align with their values and goals. Through this process, they become more capable of handling future conflicts independently.
Conclusion: Facilitative mediation offers a constructive and empowering approach to resolving disputes. It promotes open communication, collaboration, and the preservation of relationships, providing a foundation for sustainable resolutions. Transformative mediation aligns well with this approach by emphasizing personal growth and empowering disputants to take ownership of the resolution process. By embracing these approaches, individuals can experience a transformative journey that not only resolves disputes but also improves their conflict resolution skills for future encounters.