Adr Introduction
Adr Introduction
Adr Introduction
AN INTRODUCTION TO MEDIATION
An Introduction to Mediation
A.
DEFINITION
In its simplest form, mediation is a process in which a neutral third party assists disputants to reach a
voluntary, negotiated settlement of the issues in dispute. The mediator facilitates communication between
disputants so they can more clearly understand their differences and craft a mutually acceptable settlement,
but has no power to impose a decision upon the parties.
B. TYPES OF MEDIATION
Mediation can have different objectives and can take a number of forms.
Some forms of mediation have been described from the perspective of the objectives they seek to attain:
Evaluative mediation: The mediator evaluates the claims or rights of the parties having regard to the
applicable legal rules.
Facilitative or problem-solving mediation: The mediator helps the disputants to resolve their
differences by facilitating communication and the search for creative (mutual gain) solutions.
Therapeutic mediation: The mediator helps parties "heal the hurt" caused by disputes and may
facilitate a "reconciliation" between the disputants.
C.
CHARACTERISTICS OF MEDIATION
__________________________________________________________
BY: ALVA ORLANDO
416.593.3980
AORLANDO@BLANEY.COM
Self-determining
Future focussed
D.
AN INTRODUCTION TO MEDIATION
Although mediators may have different styles of mediating, their roles commonly include:
1.
Setting the tone for joint problem-solving by establishing and maintaining a rational and productive
atmosphere for negotiation.
2.
3.
Assisting the parties to understand each others perspectives (needs, concerns, values, fears) and
trying to build empathy between the parties.
__________________________________________________________
BY: ALVA ORLANDO
416.593.3980
AORLANDO@BLANEY.COM
AN INTRODUCTION TO MEDIATION
4.
Facilitating communication between the parties by keeping the discussions civil; allowing parties
to vent if appropriate; taking the sting out of loaded or angry
statements by, for example, reframing
them in neutral way or in a way which reveals the underlying interest.
5.
Maintaining balance in the process by ensuring that the parties have an equal
speak.
opportunity
6.
discrepancies.
to
7.
Probing for interests underlying positions taken by the parties in order to expand the opportunity for
creative solutions.
8.
9.
Assisting the parties to explore and assess their alternatives to a negotiated resolution.
10.
Acting as a reality check by challenging parties on their positions (usually in caucus) and by
reminding them of the costs of not settling.
11.
Assisting the parties to generate options for settlement and to develop criteria by
evaluate those options.
which
to
12.
Assisting the parties to evaluate the advantages and disadvantages of each option and encouraging
the selection of an option which maximizes satisfaction
of both of their interests.
13.
Keeping the parties focused on the future and their goal of resolving the dispute.
14.
Maintaining optimism that an agreement can be reached and sustaining
parties achieve resolution.
__________________________________________________________
BY: ALVA ORLANDO
416.593.3980
AORLANDO@BLANEY.COM
commitment
to
assist