Choose the type of Mediation suited best to your Conflict
When the parties involved in a serious conflict want to avoid a court battle, there are types of mediation can be an effective alternative. In mediation, a trained mediator tries to help the parties find common ground using principles of collaborative, mutual-gains negotiation. There is a tendency to think that mediation processes are all alike, but in fact, mediators follow different approaches depending on the type of conflict they are dealing with.
Before choosing a mediator, consider the various styles and types of mediation that are available to help resolve conflict:
1. Facilitative Mediation
In facilitative mediation or traditional mediation, the mediator attempts to facilitate negotiation between the parties in conflict. Rather than making recommendations or imposing a decision, the mediator encourages disputants to reach their own voluntary solution by exploring each other's deeper interests. In facilitative mediation, mediators tend to keep their own views regarding the conflict hidden.
2. Evaluative Mediation
Evaluative mediation stands directly in contrast to facilitative mediation. It is a type of mediation during which the mediator is more likely to make recommendations and suggestions and to express opinions. Instead of focusing primarily on the underlying interests of the parties involved, mediators may be more likely to help parties assess the legal merits of their arguments and make sound and fair determinations.
3. Court-Mandated Mediation
Although mediation is typically defined as a completely voluntary process, it can be mandated by a court that is interested in promoting a speedy and cost-efficient settlement. When parties and their lawyers are reluctant to engage in mediation, their odds of settling through court-mandated mediation are low, as they may just go and do things the usual way, without much effort or enthusiasm, because they do not expect to succeed. However, when parties on both sides see the benefits of engaging in the process, successful settlement rates are much higher.
4. Transformative Mediation
In transformative mediation, mediators focus on empowering disputants to resolve their conflict and encouraging them to recognize each other's needs and interests. Transformative mediation is rooted in the tradition of facilitative mediation. The process aims to transform the parties and their relationship through the process of acquiring the skills they need to make those constructive changes needed to make the relationship work out.
Last, but not least,
5. Online mediation
In Online mediation, the mediator provides mediation services to parties who are located at a distance from one another, or whose conflict is so strong they can't stand to be and face each other in the same room.
Online mediation is more likely to resemble traditional facilitative mediation, delivered at a distance. Thanks to video conferencing services such as Skype, parties can now easily, at a reasonable cost, communicate with one another in real time, while also benefiting from visual and vocal expressions. Moreover, parties often find it to be a low-stress process that fosters trust and reinforces positive emotions.