Types of Mediation
1.Think of a recent dispute you had with someone. If you had to mediate the dispute, would you prefer facilitative or evaluative mediation? Does it depend on the nature of the dispute? Or the disputants? Explain your choice.
https://mediate.com/styles-of-mediation-facilitati…
2.Based on your answer to #1, which of the four types of mediation discussed in the lesson (triage, bargain-based, pure, and transformative) would you prefer for your dispute? (Note that two of these types are evaluative and two are facilitative). Explain your answer.
Triage mediation is a type of mediation that is often catalyzed by court order. In order to sustain the efficiency of court dockets, sometimes judges will order pre-trial mediation for the parties. Thus, the goal of this kind of mediation is efficiency and the reduction of public justice system expense. Triage-mediation is evaluative in nature, and can be highly coercive in order to try to pressure parties to settle in the interest of efficiency. One of the biggest problems with court-imposed mediation is that the parties involved do not willingly elect the process and thus may be reluctant to participate. Additionally, the quality of the mediators offered by the judicial system is also an important factor to the success of triage mediation.
Bargain-based mediation aims at compromise by the parties through scrutiny and criticism of the position of each disputant. In this sense, bargain-based mediation is also evaluative in nature, but the goal of this mediation philosophy is not so much to see justice through to its absolute end, but instead to secure a reasonably fair outcome for all parties based on the realistic possibilities at hand. Unlike triage mediation, in bargain-based mediation, a technique called “caucusing” is commonly used, wherein mediators will meet independently with one party at a time to try to manipulate the attitudes at hand without the distraction of the other party being present. These “caucuses” commonly lead to greater levels of humility and honesty, as we are much less opposed to such concessions when we are not forced to express them in front of those who we perceive to be our opponent(s); as discussed in Lesson One, pride and ego can be powerful obstacles to successful ADR.
Pure mediation, unlike bargain-based, is a type of facilitative mediation that focuses not on the end resolution, but instead on promoting behaviors and dialogue between parties that will lead to a successful resolution. Emphasis is placed on empathy for and understanding of opposing feelings and emotions, and the underlying goal to be promoted is a ‘win-win’ solution, where neither party must leave the table feeling as if they were defeated. Caucusing is also very commonly used in pure mediation. Because of this emotional targeting, pure mediation is often used—and successfully so—in divorce proceedings and other commonly emotionally-charged disputes.
A final type of mediation, called transformative mediation, is also facilitative in nature, and, like pure mediation, sets aside the goal of attaining agreement in favor of promoting understanding. Transformative mediation focuses on empowerment of each disputing party to own the outcome of their negotiation with their adversaries. By encouraging the disputants to try to recognize the position and motivations of the others involved, and by simultaneously reminding the parties that they each have control over the fairness and success of the outcome, the apparent focus is on relationships and reconciliation, but accord is a frequent by-product of transformative mediation.
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