Impact of gender in dispute resolution: women fare worse than men in mediation - Essay Example

This research study aims to evaluate the differences between men and women in their role as mediators. Are males better suited to mediation as per gender stereotypes and are women disadvantaged in terms of participating in the mediation process due to the prevalence of male mediators? Mediation has been defined as a process by which a "neutral third party who has no authoritative decision making power" intervenes in a dispute "to assist disputing parties in voluntarily reaching their own mutually acceptable agreement.

"3 Facilitatory mediation is one that allows the parties to retain complete control over the dispute in question. The Mediator is only responsible for structuring the agenda4, and merely provides an atmosphere that is conducive for the parties to exchange information and each party can express their views and exchange information, he/she does not himself/herself offer any kind of legal advice or views, opinions and ideas on the disposal of the dispute.5 In federal Courts in Australia for example, the process of mediation closely follows a purist model, as demonstrated in the Ingleby evaluation that took place in 1991, wherein no opinions or advice are offered by the mediator.

6 Evaluative mediation however is the process whereby a dispute can be resolved in such a manner that also allows for a recommendation by a mediator on a settlement. The evaluator expresses an opinion on the merits of the case and also defines the scope of the settlement that can be made. Transformative mediation, which parallels the facilitatory process, also works through a reframing of the issues. Reframing can be accomplished by defining the conflict in a new way, or by using different metaphors to show how the conflict is being viewed by the parties and shifting the paradigm of the conflict.

7 Mayer has pointed out four ways by which mediators change the