Types of Mediation
Facilitative Mediation:When mediation was first taught and practiced in the 1960’s and 1970’s the only form was known as “facilitative mediation”. In facilitative mediation, the Mediator structures a process to assist the parties in reaching a mutually agreeable resolution. The Mediator asks questions, validates and normalises the parties’ points of view, searches for interests underneath the positions taken by the parties and assists the parties in finding and analysing options for resolution. The facilitative mediator does not make recommendations to the parties, give advice or opinions as to the outcome of the case or predict what a court would do in this situation. The Mediator is in charge of the case while the parties are in charge of the outcome. Facilitative mediation is the form which is most practiced at present but that could change.
Evaluative Mediation:
In this type of mediation the Evaluative Mediator assists the parties in reaching resolution by pointing out the weaknesses in their cases and predicting what a judge would be likely to do in this situation. The Evaluative Mediator might make formal or informal recommendations to the parties as to the outcome of the issues. Here the Mediator is concerned with the legal rights of the parties rather than their needs or interests and evaluates on based on legal concepts of fairness. These Mediators meet most often in separate meetings with the parties and their legal advisors and engaging in “shuttle diplomacy”. They help the parties and their legal advisors to evaluate their legal position and the costs versus the benefits of pursuing a legal resolution rather than settling in mediation. The Evaluative Mediator structures the process and directly influences the outcome of mediation.
Different Types of Mediators
Property mediation is now considered the key in relation to tenants and landlords who are experiencing difficulties due to lease agreements. Litigation will not deliver a win-win result. Likewise, the Financial, Rescue, Foreclosure or Turnaround mediator is a new and emerging role to assist with an increasing number of insolvent companies. The official or Creditors liquidator will have little to offer the unsecured creditors so any alternative is worth considering. Workplace or employment Mediators will be in increasing demand in the current climate. The High Court and other bodies will increasingly rely on the availability of Mediators who have the skills to act in al types of civil and commercial cases. So there is not just “one type of mediator” – the emerging demands are just too varied. Fortunately, Mediation Solutions Ireland has the spectrum of skilled Mediators to handle your case – call us today!
