5 - Mediator Representation of Disputants’ Positions

Summary

One of mediation’s main advantages over other forms of conflict resolution is the autonomy it provides disputants. Disputants in mediation have the opportunity to tell their own story instead of having a lawyer speak for them, and are helped to create their own agreement instead of having a judge or arbitrator decide for them. While mediators work hard to protect disputants’ autonomy and maintain neutrality relative to the dispute, they also have the responsibility for facilitating the session (Burns 2007). Several previous studies have identified potential problems with mediators’ facilitation of the process of mediation which may interfere substantially with disputants’ autonomy. For example, by controlling topic shifts during the session, a mediator can influence the discussion of problems and proposals while officially remaining neutral.