1. Facilitative mediation:
Facilitative mediation
is also known as traditional mediation in which a professional mediator
attempts to negotiate between the parties in a conflict. The mediator tries
that the parties reach their own voluntary goal by understanding each other's
interests more deeply rather than giving their own recommendations or imposing
their own decisions. With some understanding built, the parties and the
mediator work together to build a number of potential solutions. Once this is
done, the parties try to find the solution with the most maximized value. In
facilitative mediation, the mediator tries to keep their own views to
themselves regarding the conflicts. The basic belief is that the parties can
resolve the dispute on their own with a little help from the mediator.
2. Court-mandated mediation:
Mediation is defined as a
completely volunteer process but sometimes when the parties want the decision
to be speedy and cost-efficient it is mediated through the court. When the
parties and their attorneys are reluctant in engaging in mediation, there might
be a chance that their odds of settling via court-mandated mediation become
low. But when both parties know the benefit of engaging in the process, the
settlement rates get much higher.
3. Evaluative mediation:
This type of mediation
stands in direct contrast with facilitative mediation. In evaluative mediation,
the mediator can give his recommendations and suggestions to express his
opinions. These opinions are generally based upon a common sense of view of the
matter. Evaluative mediators give an idea of the strengths and weaknesses of
their positions and may predict the court outcome. Evaluative mediators focus
on the parties to help them access legal merits and make fair decisions
accordingly. Evaluative mediators are generally lawyers who have better legal
knowledge regarding the dispute and this type of mediation is generally used in
court-mandated mediation.
When you just want
things to “get done”, evaluative mediation comes into play. When the trail
comes up, the attorneys may suggest an evaluative mediator with the hope of
reaching a deal without going through the trial.
4. Transformative mediation:
In this, the mediators
try to encourage and empower the disputants to solve their conflicts and help
them recognize each other’s interests, needs, and values in a better and
thorough way. Empowerment,
according to Bush and Folger, means enabling the parties to define their own
issues and to seek solutions on their own. Recognition means that parties
understand each other’s point of view and why they want that decision of
theirs. The potential in transformative mediation
is that all parties or their relationships may be transformed during the
mediation. Transformative mediators meet with parties together, since only they
can give each other "recognition".
5. Med-Arb:
It is a hybrid of two
well-established processes i.e. mediation and arbitration to resolve conflicts
among the parties. It is a conjunction where a third party plays neutral as a
mediator and an arbitrator. Med-Arb represents a process that serves to the
best of the client’s interests. It saves time and money for the two sequential
phases, mediation, and arbitration in two important respects. First, if the
parties do not reach a solution in mediation then they do not have to hire
another third party neutral who is unfamiliar with the case and then prepare
for the arbitration phase. Second, the issues generally get narrow down in the
mediation phase and can be forwarded directly into the arbitration phase.
Sometimes, a reverse
hybridization process of arbitration and mediation takes place where the
parties initiate with arbitration but later is forwarded to the mediation phase
for negotiation purposes. This is known as Arb-Med.
6. E-mediation:
Electronic mediation
comes into play when it is difficult or nearly impossible to meet face-to-face,
for example: during COVID-19 times! E-mediation is an online dispute resolution
(ODR) that is easy to use, cost-efficient, and a fast way as no time is
consumed in traveling to resolve disputes. E-mediation is a procedure done
using information and communication tools (for example computer, cell-phones,
video conferencing, etc). Over recent years, e-mediation has become popular
because of the global economy. More and more companies are expanding their
business in different countries and the digitalization of business leads to an
increase in the number of cross-border disputes. In such cases, the distance
between the parties hinders the effective protection of their interests.
With benefits, some
disadvantages also sweep in as it lacks empathy, rapport, and other attitudes
and effects that make face-to-face mediation what it is. Messages conveyed
online, especially through text can be easily misinterpreted causing
deterioration in trust as face-to-face meditation is very much transparent no
matter who is speaking at the moment.
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