Mediation & Resolution
The tool of mediation has been used for as long as people have embroiled themselves in conflict. Facilitative, evaluative and transformative modules of mediation have been used with increasing success for more than a quarter century, and, in fact, are changing the way we approach conflict. The legal profession is creating new understandings of the terms "settlement" and "resolution".
Facilitative mediation, the most commonly utilized tool, utilizes neutrality to assist parties in finding and agreement to end their conflict. Facilitative mediation normalizes the perspectives of the parties and evaluates options for agreement.
Evaluative mediation is a tool used early on in the resolution process to help parties see weaknesses in their position, pointing out how judges and juries may likely respond to the issues.
The goal of transformative mediation is to preserve the future relationship of the parties, instead of approaching the process as a resolution of one dispute. It is based on empowerment and acknowledgement by the parties in an effort to meet the needs of those involved.
Additional Resources:
- Appreciative Inquiry
- Collaborative Law
- Cooperative Law
- Restorative Justice (Victim Offender Mediation)
Trendsetters
Cooperative Law, Collaborative Law, Alternative Dispute Resolution, Legal Education
