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