Finding the right judicial arbitration and mediation service provider is crucial to the success of your case. However, one shouldn’t undermine the importance of finding the correct mediation style. Your mediator will use different methods, which can be any of the following:
1. Facilitative Mediation
Facilitative mediation, also known as traditional mediation, involves the mediator facilitating the negotiations of the two parties in conflict, for example, a divorcing couple who wants to avoid court proceedings. The main objective of this type of mediation is to reach a final decision that both parties mutually agree on. The mediator, in this case, does not make recommendations for a decision but instead, assists the two parties in reaching lasting agreements voluntarily.
2. Evaluative Mediation
Evaluative mediation is the direct opposite of facilitative mediation. Mediators who use this style are more likely to give recommendations, make suggestions, and express their opinions regarding the matter. Evaluative mediation focuses more on the expected outcome in court rather than the parties’ underlying interests. Moreover, evaluative mediators help both sides determine their legal position. Parties that want to resolve their conflict as fast as possible usually go for this type of mediation.
3. Narrative Mediation
A relatively newer form of mediation, a narrative mediation focuses on creating a narrative to better understand and reshape the parties’ conflict. Doing this will help both sides emotionally distance themselves from the case and make more objective decisions. Typically, narrative mediators will have a background in mental health and special training in this type of mediation. Highly emotional cases will likely benefit from narrative mediation.
Med-arb is a combination of mediation and arbitration. A mediation process is allowed to occur first so that there is a possibility of resolving the case in this way. In the mediation part, the legal representative acts as the mediator who supports the clients as they attempt to reach a decision. However, when the parties fail to reach a resolve, the case will now move on to arbitration. By this time, the mediator becomes an arbitrator who can impose a binding decision for both parties.
E-mediation or Online Dispute Resolution (ODR) is done for clients who are too far apart, too busy to meet in person, or cannot stand being in the same room. An ODR has no mediator to help couples solve their dispute. Instead, an automated resolution system is used by both parties to resolve their conflict. This type of mediation resembles facilitative mediation in which the online service stands as the third-party.
However, e-mediation is limited to people who have access to the Internet, are computer-literate, and who trust online services. If you aren’t sure what type of mediation is best to proceed with your case, don’t hesitate to consult with dispute resolution companies who can help you. Professionals can assist you in choosing the right approach to your personal problems or disputes.