The Legal and Ethical Environment of Business: "Chapter 4.2: Mediation"

“Mediation is relatively inexpensive, fast and confidential.”  A downside to this method of alternative dispute resolution (ADR), may be that mediation relies on the willingness of the parties to participate and on the skill of the mediator. A good way to assess your knowledge of this reading is to answer Question 2 in the “Exercises” section of 4.2.  You are asked to identify a situation in which you might choose mediation and to explain the potential benefits and drawbacks of this ADR. The description of mediation has traditionally been focused on the presenting problem of the parties.  The mediator looks on the conflict as a solvable problem.  The objective is similar to a win-win negotiation in which the goal is to have the interests of both parties met.

In problem solving mediation, success for the mediator is to have resolution of the dispute.  In this sub-unit, you will learn that in transformative mediation, the mediator’s goal is to increase the parties empowerment and recognition of each other rather than just a one-time settlement of the presenting dispute.