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Position Paper: Practicing the Mediation Process

The practice of mediation focusses on bringing together several parties holding

contrasting views to settle these disputes. A trained bipartisan third party moderates the process

of settling these disputes. The third-party help the conflicting parties settle. In most cases, the

settlements are tailored to fashion the solution as suggested by the parties in the dispute. The

mediator plays a central role in the mediation process. Several factors are used to discern a good

mediator, and some of these include; trustworthiness, approachability, perceptiveness,

impartiality, among others (Frenkel and Start 15). These are characters established by the

mediators in Wilson v. DiLorenzo. For instance, Craig Lord establishes a rapport with the parties

involved in the dispute by explaining that the parties can trust him to keep information discussed

within the mediation and not disclose it to any person. He promises the parties that everything

discussed is off the record.

The position paper intends to compare and contrast the mediations carried out by the two

mediators, Craig Lord, and Cheryl Cutrona. This will be achieved by integrating textbook

concepts, analyzing the practices of effective mediation, and giving a detailed comparison of the

two mediation styles. First, the position paper begins by looking at the intentions of the mediator.

Mediators should be concerned with settling disputes and make sure the parties solve the dispute

on a long-term basis. The method is ideal since the mediation is not focused on creating a

settlement that 'end' the dispute. In the Wilson v. DiLorenzo mediation, Craig Lord takes the
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long-term approach by engaging both parties by asking each party to air out their complaints and

issues. By so doing, he is seen to act as an evaluative mediator because he seeks to help the

conflicting sides in the decision-making process.

There are two forms of mediation identified in the videos, facilitative and evaluative

mediation. Evaluative mediation is discussed above as the preferred method used by Craig Lord.

The evaluative mediation approach involves direct input from the mediator (Frenkel and Start

17). Craig Lord provided a legal guide for the conflicting parties by introducing his beliefs on the

development of the dispute. This approach is contrary to what Cutrona used to help solve the

dispute. Cheryl Cutrona acted like a facilitative mediator since she gave the two parties time and

space to ‘brainstorm’ their way out of the dispute. What this means is that she allowed them to

engage in guided discussions with the intension of letting the two conflicting parties come up

with their own ideas of resolving the conflict.

Nonetheless, despite having different approaches to solving the dispute, the two are seen

to apply the same standard procedure where they begin by introducing the clients to the

mediation process and the importance of mediation. This is an important part of the mediation

process. In Cheryl’s case, she explains to the disputing parties the risks they face if they fail to

reach an agreement in the mediation. Craig explains that the cost of going to court. These actions

by the two mediators are seen to address the importance of mediation despite using slightly

different approaches.

The second step of mediation is information gathering. Frenkel and James (48) explained

the importance of information gathering, which comes out as an integral part of mediation. It is

at this point the mediator learns about the salient issues and points of conflict. The parties must

provide honest and true details, which will facilitate the mediation into settling the conflict. Both
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Cheryl and Craig are seen to emphasize honesty. Additionally, they insist that the entire

mediation process is founded on confidentiality. The strategy seems to resonate with claims by

Frenkel and Start (61) that conflicting parties need to feel a sense of security that will, in turn,

help them provide honest details.

Third, Wilson and DiLorenzo are involved in an exercise that focusses on identifying the

problem. Cheryl helps Mrs. Wilson to table her frustrations, which, according to her, are in the

form of anger since she had to deal with the issue alone, and her calls were not received. On the

other hand, DiLorenzo is allowed to address these issues, which he comes out in honesty by

saying that he does not have a decent answer. He offers a solution that he was not available, and

now that he is present, he is willing to work together to help rebuild the destroyed facility.

These two parties enter the next stage of mediation, which is bargaining. The bargaining

step requires the parties to try to resolve their conflicts to table their expectations and demands.

This is the most delicate step of the entire process because each party will make demands that the

other party may not be in a position to meet (Frenkel and Start 80). Additionally, most parties are

unwilling to compromise their stands. Therefore, the mediator should have the necessary skills to

help the parties reach a middle ground. Craig applies effective mediation skills by helping

DiLorenzo understand the need to compromise and help pay for Wilson's kitchen damages. He

even listens to DiLorenzo counter-arguments that Wilson refused to let them in to re-do the

model. Craig reasons out with the client calmly and persuasively. The final stage of mediation is

a settlement. This is the stage where both parties agree on common ground and commit to meet

the obligations given to them.

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Work Cited

Frenkel, Douglas N., and James H. Stark. The practice of mediation: A video-integrated text.

Aspen Publishers, 2018.