Mediation I

Mediation provides parties in conflict a way to work out their differences on their own with out having a solution imposed on them by a judge or other higher authority figure. It can lead to a more satisfactory and lasting outcome seldom matched by an imposed solution. There are several different types of mediation.  We will focus on three types in this paper; Facilitative, Transformative and Narrative. Each type has its own strengths and weaknesses. The best one to use is dependent upon the situation.  A good mediator should be able to pull from all three based on the situation they are trying to mediate. A mediation needs to be well thought out before the first meeting takes place. First, the mediator needs to ask if this conflict is appropriate for mediation in the first place. If there is a serious safety issue such as a threat of violence or mediation is being misused by one of the parties, it may not be a good situation for even trying mediation. Once the mediator has decided he may be helpful, he has important work to do before a successful mediation can take place. He needs to learn all he can about the conflict, the parties and other stake holders. Next, he needs to find an appropriate place and time to conduct the mediation. This could be at his office or a neutral site the parties involved both find acceptable. After the mediator has done his homework, he then needs to think about the best approach to use. We will look at three methods he could consider.

One technique he could use is Facilitative Mediation. This method focuses on different interests and positions of the conflicting parties (Fisher & Ury). This is done by focusing on the problem or problems the parties face and working toward a solution that benefits everyone involved. This is also known as a win-win situation.  The focus remains on the problem not the people. An important goal of Facilitative Mediation is to preserve and promote relationships. This is done by depersonalizing the issues at hand and coming up with creative solutions. Both sides are invited to come up with many different solutions through brainstorming and each idea is judged on it’s own merits and not by who created it. Ideally, the sides work together on the problem and not against each other. Facilitative mediation can be used in a wide variety of situations. If parties are involved in a more distributive negotiation where an ongoing relationship is of little importance, there is less room for a win-win style resolution. Even if there will be no on going relationship, Facilitative Mediation can still be beneficial. An agreement can be reached much quicker than going through to trial. If both sides agree to a settlement that they co-create, it is more likely to be kept and hopefully they will find it more satisfying. The mediator guides the process but is careful not to impose his own ideas for a solution. He is in no way to act as a judge or decider. This would defeat the whole purpose of mediation (let the parties create their own agreement) and discredit the mediation process. Facilitative mediation can work in conjunction with the next two styles Transformative and Narrative.