Mediation is a
form of alternative dispute resolution (ADR), a way of resolving
disputes between two or more parties. A third party, the mediator,
assists the parties to negotiate their own settlement.
There are many forms of mediation:
- Negotiation –
two parties reach a mutually agreeable settlement through the
culmination of interactive informational exchanges. A need is
identified which leads to communication and the adjustment of positions
until agreement is reached.
- Assisted Negotiation –
third parties such as lawyers, negotiation on behalf of the parties to a
conflict to reach an agreement. This agreement may be imposed upon the
disputants if the third parties have the power to bind them or the
agreement may be tentative and subject to the approval of the parties to
the conflict.
- Traditional Mediation –
parties to a conflict agree to a neutral, impartial third party whom
assists them in reaching a solution by creating an environment, which
fosters co-operation and communication. This leads the parties to
satisfying negotiations. If the disputants cannot reach an agreement,
they are free to pursue other action.
- Facilitative Mediation –
searches for underlying interests and helps find and analyze options
for resolution. The emphasis lies on making sure the disputing parties
come to an agreement on their own.
- Evaluative Mediation (aka settlement style mediation) – focuses on the legal rights of the parties rather than their interests. (Usually lawyers)
- Transformative Mediation
– focuses more on relationships, role of mediator help the conflicted
parties recognize each others values, interest and points of views,
empowerment and recognition.
- Narrative Mediation –
focuses less on negotiation and more on how people make sense of the
world, by telling stories and giving them meaning people construct their
own realities.
- Interest Based Mediation –
shifts from position-based wants, to interest based needs. Both
parties sit together at the same table and have occasional independent
meetings called Caucuses.
*Caucus Based mediation – whereby meetings are held separately with
each side of the dispute as part of the mediation process.
- Party Directed Mediation
is a mediation approach that seeks to empower each party in a dispute,
enabling each party to have more direct influence upon the resolution of
a conflict, by offering both means and processes for enhancing the
negotiation skills of contenders. The intended prospect of
party-directed mediation is to improve upon the ability and willingness
of disputants to deal with subsequent differences.
- Independently Negotiated Resolution
is a strategic resolution based process where the Parties move through
the
process independently of each other to ensure that they are both
empowered decision makers. Each partner meets independently with a
qualified Negotiator / Mediator, who
maintains a neutral position between the two Parties. The Negotiators /
Mediators do not represent either Party, rather they work with both
Parties to find a “fair” outcome. This process leaves the Parties free
to focus on making sound financial and co-parenting decisions without
feeling intimidated or threatened by traditional position bargaining.
The Negotiator / Mediator focuses his or her attention on bringing the
Parties to final resolution and drafting their resolution plan. The
step-by-step process of Independently Negotiated Resolution helps
ensure that couples are focused on issues in a timely and efficient
manner without getting bugged down with back and forth correspondence
and court threats. The model is set out to deal with children and money
separately and has resulted in helping people transition to new
beginnings with assets and relationships in tact. The model uses a
common sense approach by first negotiating the value of the assets, then
negotiating the division of the assets. Then and only then a
comprehensive co-parenting plan is developed that works for the entire
family. This simple rule will transform your experience of divorce and
dramatically reduce your cost. Learn more about this innovative approach
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