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Dispute Resolution: In
     The Present




  Three Forms Of Mediation Are:
 Facilitative, Transformative, and
             Evaluative.
Forms of Mediation:
                Facilitative
Is based on the belief that,
with neutral assistance,
people can work through and
resolve their own conflicts. In
facilitative mediation the
mediator will take an active
role in controlling the process,
asks questions to identify
interests of the parties, helps
the parties explore solutions
that are win/win”




                                   Ronald W. Brown, Esq.   2
Forms of Mediation:
                    Transformative
Is based on the belief that conflict
tends to make parties feel week
and self-absorbed. Transformative
mediators try to change the
nature of the parties conflict by
helping them appreciate each
other‟s viewpoints („recognition‟)
and strengthening their ability to
handle conflict in a productive
manner („empowerment‟)..”


http://www.peoples-
law.org/core/mediation/adr_directory/mediation_approac
hes.htm




                                                         Ronald W. Brown, Esq.   3
Forms of Mediation:
                    Transformative
The mediator will intervene in
the conversation between the
parties in order to call
attention to moments of
recognition and
empowerment. Ground rules
for the mediation are set only
if the parties set them. The
mediator does not suggest
solutions.”


http://www.peoples-
law.org/core/mediation/adr_directory/mediation_a
pproaches.htm



                                                   Ronald W. Brown, Esq.   4
Forms of Mediation:
                   Evaluative
 “Is based on the belief
 that mediators with
 expertise in the issues I
 conflict can help the
 parties to assess the
 strengths and
 weaknesses of their legal
 or other positions and
 work to achieve
 settlements.
http://www.peoples-
   law.org/core/mediation/adr_directory/me
   diation_approaches.htm




                                             Ronald W. Brown, Esq.   5
Forms of Mediation:
                    Evaluative
The mediator controls the
process and suggests
solutions for resolving the
conflict. Individual
meetings between the
mediator and one party at
a time (called „caucuses‟)
are a major component of
evaluative mediation. The
mediators will make their
best efforts to get the
parties to compromise, if
necessary, to achieve a
result.”


http://www.peoples-
   law.org/core/mediation/adr_directory/mediati
   on_approaches.htm
                                                  Ronald W. Brown, Esq.   6

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Part Iia Some Thoughts About Mediation

  • 1. Dispute Resolution: In The Present Three Forms Of Mediation Are: Facilitative, Transformative, and Evaluative.
  • 2. Forms of Mediation: Facilitative Is based on the belief that, with neutral assistance, people can work through and resolve their own conflicts. In facilitative mediation the mediator will take an active role in controlling the process, asks questions to identify interests of the parties, helps the parties explore solutions that are win/win” Ronald W. Brown, Esq. 2
  • 3. Forms of Mediation: Transformative Is based on the belief that conflict tends to make parties feel week and self-absorbed. Transformative mediators try to change the nature of the parties conflict by helping them appreciate each other‟s viewpoints („recognition‟) and strengthening their ability to handle conflict in a productive manner („empowerment‟)..” http://www.peoples- law.org/core/mediation/adr_directory/mediation_approac hes.htm Ronald W. Brown, Esq. 3
  • 4. Forms of Mediation: Transformative The mediator will intervene in the conversation between the parties in order to call attention to moments of recognition and empowerment. Ground rules for the mediation are set only if the parties set them. The mediator does not suggest solutions.” http://www.peoples- law.org/core/mediation/adr_directory/mediation_a pproaches.htm Ronald W. Brown, Esq. 4
  • 5. Forms of Mediation: Evaluative “Is based on the belief that mediators with expertise in the issues I conflict can help the parties to assess the strengths and weaknesses of their legal or other positions and work to achieve settlements. http://www.peoples- law.org/core/mediation/adr_directory/me diation_approaches.htm Ronald W. Brown, Esq. 5
  • 6. Forms of Mediation: Evaluative The mediator controls the process and suggests solutions for resolving the conflict. Individual meetings between the mediator and one party at a time (called „caucuses‟) are a major component of evaluative mediation. The mediators will make their best efforts to get the parties to compromise, if necessary, to achieve a result.” http://www.peoples- law.org/core/mediation/adr_directory/mediati on_approaches.htm Ronald W. Brown, Esq. 6

Editor's Notes

  1. Can Take Many FormsAnd The Outcome is Still Uncertain