Types of Mediation

Facilitative Mediation: The core principal of this type of mediation is that with trained and skilled neutral help, most disputants can work through and resolve their conflicts. The mediator takes an active role and controls the process, which involves suggesting a methodology for resolution of the problem. The mediator elicits from the parties information which allows identification of the matters in dispute and the interests of the parties. The mediator assists the parties in arriving at solutions that benefit both/all the parties. The facilitative mediator does not offer opinion on the strengths and weaknesses of the parties' contentions and does not propose solutions.

Transformative Mediation: This type of mediation is predicated upon the principal that conflict makes the parties feel self absorbed and weak. The transformative mediator attempts to change the nature of the parties' conflict interaction by:
      Helping the parties to appreciate each others viewpoints ("recognition") and
      Enhancing the parties' ability to handle conflict in a productive matter ("empowerment"). The mediator will intervene in the discourse between the parties in order to call attention to moments of recognition and empowerment. Mediation ground rules are established only if the parties wish to establish them. The mediator monitors the conversation of the parties and assists them in conversing about what they deem important, rather than directing the parties to issues or topics. As with facilitative mediation, the mediator does not offer opinion on the strengths and weaknesses of the parties' contentions and does not propose solutions.

Evaluative Mediation: The evaluative mediator brings to the process expertise with respect the issues in dispute and assists the parties in:
      Assessing the strengths and weaknesses of legal or other positions and
      Working to achieve settlement. The evaluative mediator controls the process and suggests solutions for resolving the conflict. Caucuses with the parties separately are a major component of evaluative mediation. The focus of the process is on settlement. The mediator will attempt to convince the parties to compromise, if necessary, to resolve their differences.

Collaborative Mediation: Not so much a type of mediation as it is a pre-mediation procedure agreed to by the parties by which they make an initial commitment not to engage in litigation or arbitration. Each of the parties is represented by a lawyer who agrees that if agreement cannot be reached, new lawyers will be engaged to carry the dispute further, i.e., to litigation or arbitration. The commitment is to a settlement agreement rather than litigation or arbitration. In the business context, a party may be represented by in-house or general counsel. The parties agree to the type of mediation to be utilized by the neutral.

Mediation-Arbitration (Med-Arb): Simply put, the technique consists of mediation, and if that fails, binding arbitration. In so doing, it ensures the disputants that there will be a resolution of their dispute without litigation.

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