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Part Iia Some Thoughts About Mediation


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Part Iia Some Thoughts About Mediation

  1. 1. Dispute Resolution: In The Present Three Forms Of Mediation Are: Facilitative, Transformative, and Evaluative.
  2. 2. Forms of Mediation: FacilitativeIs based on the belief that,with neutral assistance,people can work through andresolve their own conflicts. Infacilitative mediation themediator will take an activerole in controlling the process,asks questions to identifyinterests of the parties, helpsthe parties explore solutionsthat are win/win” Ronald W. Brown, Esq. 2
  3. 3. Forms of Mediation: TransformativeIs based on the belief that conflicttends to make parties feel weekand self-absorbed. Transformativemediators try to change thenature of the parties conflict byhelping them appreciate eachother‟s viewpoints („recognition‟)and strengthening their ability tohandle conflict in a productivemanner („empowerment‟)..” Ronald W. Brown, Esq. 3
  4. 4. Forms of Mediation: TransformativeThe mediator will intervene inthe conversation between theparties in order to callattention to moments ofrecognition andempowerment. Ground rulesfor the mediation are set onlyif the parties set them. Themediator does not suggestsolutions.” Ronald W. Brown, Esq. 4
  5. 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- diation_approaches.htm Ronald W. Brown, Esq. 5
  6. 6. Forms of Mediation: EvaluativeThe mediator controls theprocess and suggestssolutions for resolving theconflict. Individualmeetings between themediator and one party ata time (called „caucuses‟)are a major component ofevaluative mediation. Themediators will make theirbest efforts to get theparties to compromise, ifnecessary, to achieve aresult.”http://www.peoples- on_approaches.htm Ronald W. Brown, Esq. 6