Mediation is a process that can be used to resolve a number of different types of disputes. Because different disputes involve particular issues or interests that may need to be handled in specific manners, disputing parties can choose between many different types of mediation to find an appropriate resolution.
The different types of mediation that are provided are categorized by the type of relationship the disputing parties are involved in, as well as the type of dispute they may be having. Some different types of mediation include:
A presentation of opening statements and the exchange of facts between disputing sides
Evaluative mediation focuses on the legal rights of the parties rather than their interests. The mediator's role is to hear the different points of view and speculate on what a judge and jury would decide if this case were brought to court. Mediators using this mediation style evaluate based on legal rights and fairness and try to come to a workable resolution that meets these standards. Because this type of evaluation requires a mediator with legal expertise, evaluative mediators are often attorneys. Additionally, evaluative mediators may determine whether or not it would be more cost-effective to litigate. Facilitative mediation allows the disputing parties to maintain control over most of the mediation process. The mediator does not give an opinion about the outcome. Instead, he searches for underlying interests and helps find and analyze options for resolution. In facilitative mediation, the emphasis lies on making sure the disputing parties come to an agreement on their own.
Transformative mediation is similar to facilitative mediation because it also emphasizes the empowerment of the disputing parties. The disputing parties structure the process and determine the outcomes. The mediator's role is to help the conflicted parties recognize each other's values, interests, and points of view. This process of understanding and communicating is intended to solve the dispute and change or repair broken relationships. Accordingly, transformative mediation is often used for disputes involving interpersonal conflicts.
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Ethical practices in mediation and advocacy are vital to the success of the mediation process. Although the mediator does not make any final decisions, his or her participation can heavily influence the way disputing parties view the conflict and each other. As a result, mediation practice standards and ethics are essential to the effectiveness and fairness of this process.
The American Bar Association (ABA), Association for Conflict Resolution (ACR), and the American Arbitration Association (AAA) have defined a "Model Standards of Practice for Mediators" that can be generally applicable to all types of mediation. Additionally, mediators hired through mediation services are also expected to follow the company's own set of mediation standards.
While this model of standards improves the overall mediation practice, different types and styles of mediation help ensure the most appropriate and suitable results for different types of disputes.
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