Types of Mediation

Mediation is a process that can be used to resolve a number of different types of disputes. Because different disputes involve particular issues or interests that may need to be handled in specific manners, disputing parties can choose between many different types of mediation to find an appropriate resolution.

The different types of mediation are categorized by the type of relationship the disputing parties are involved in, as well as the type of dispute they may be having. Some different types of mediation include:

• Consumer Mediation
• Discrimination Mediation
• Eldercare Mediation
• Environmental Mediation
• Estate Planning and Family Mediation
• Interpersonal Mediation
• Landlord / Tenant Mediation
• Nonprofit Organizations Mediation
• School Mediation
• Workplace Mediation.

The best practice for mediation is one that will most accurately fit your particular situation. However, as you are choosing between different types of mediation, keep in mind that mediation styles can also differ.

The Five Stages of the Mediation Process

Regardless of the type of mediation you choose, nearly all mediation proceedings move forward through the following five steps:

1. a presentation of opening statements and the exchange of facts between disputing sides
2. an identification of the main facts to be discussed (These are generally prioritized in cases with a lot of issues.)
3. a discussion of possible resolutions
4. a decision made to resolve or terminate the proceedings
5. closing process whereby agreements are written up and the mediation process is ended.

Types of Mediation Styles

For any dispute brought to mediation, mediators can approach the case with one of the following three mediation styles. The main difference between these mediation styles lies in the amount of control given to the disputing parties:

• Evaluative mediation focuses on the legal rights of the parties rather than their interests. The mediator''s role is to hear the different points of view and speculate on what a judge and jury would decide if this case were brought to court. Mediators using this mediation style evaluate based on legal rights and fairness and try to come to a workable resolution that meets these standards. Because this type of evaluation requires a mediator with legal expertise, evaluative mediators are often attorneys. Additionally, evaluative mediators may determine whether or not it would be more cost effective to litigate.
• Facilitative mediation allows the disputing parties to maintain control over most of the mediation process. The mediator does not give an opinion about the outcome. Instead, he searches for underlying interests and helps find and analyze options for resolution. In facilitative mediation, the emphasis lies on making sure the disputing parties come to an agreement on their own.
• Transformativemediation is similar to facilitative mediation because it also emphasizes the empowerment of the disputing parties. The disputing parties structure the process and determine the outcomes. The mediator''s role is to help the conflicted parties recognize each other''s values, interests and points of view. This process of understanding and communicating is intended to solve the dispute and change or repair broken relationships. Accordingly, transformative mediation is often used for disputes involving interpersonal conflicts.

Ethics of Mediation and Advocacy

Ethical practices in mediation and advocacy are vital to the success of the mediation process. Although the mediator does not make any final decisions, his or her participation can heavily influence the way disputing parties view the conflict and each other. As a result, mediation practice standards and ethics are essential to the effectiveness and fairness of this process.

The American Bar Association (ABA), Association for Conflict Resolution (ACR) and the American Arbitration Association (AAA) have defined a "Model Standards of Practice for Mediators" that can be generally applicable to all types of mediation. Additionally, mediators hired through mediation services are also expected to follow the company''s own set of mediation standards.

While this model of standards improves the overall mediation practice, different types and styles of mediation help ensure the most appropriate and suitable results for different types of disputes.

Resources

Resourceful Internet Solutions, Inc. (1998). Model Standards of Practice for Mediators. Retrieved on March 11, 2008, from the Mediate.com Web site.

Zumeta, Zena (2000). Styles of Mediation: Facilitative, Evaluative, and Transformative Mediation. Retrieved on March 10, 2008, from the Mediate.com Web site.