A brief definition of Mediation Law
Mediation can be defined as the process whereby a neutral third party, known as a mediator, assists disputing parties in resolving disputes between themselves.
It is a “party-centered” process focusing on the needs, rights, and interests of the parties. So, the mediator’s role is to sort out their issues, using effective communications and negotiation techniques.
There are several types of mediation laws. Some of them are ‘Facilitative, Evaluative/Directive and Electronic mediation (E-Mediation)’.
- Facilitative mediation is one of the most common types of mediation laws. It focuses on facilitating both disputing parties in coming to a resolution by listening to both of them. This
type ofmediation is quitesimilar to standard peer mediation.
- Normally, both parties can be present together or the mediator can meet with each party separately, thus bringing the concerns of one to the other.
the factthat facilitative mediators call themselves facilitators does not reallymean that they are helping someone. Mediation is not counseling – The mediation process has to avoid becoming a counseling process through over-zealous facilitation.
- Evaluative mediation can also be called directive/advisory/challenge mediation and it is quite common. It can be described as a dispute resolution process during which a mediator having some expertise in a particular field meets with 2 or more arguers.
- The mediator will encourage the disputants to conclude within their respective teams, collecting declared facts, pieces of evidence and arguments to give information, opinion and advice that may vary in tone, timing, and content.
- Moreover, the mediator evaluates the merits of the case, not laying emphasis on the rights and positions of parties, but on their wide concerns and interests.
- Sometimes, Evaluative mediators can be guilty of wrongly characterizing the work of a facilitative mediator and vice versa.
- E-mediation is somehow, quite a new mediation type. It can be a fully automated dispute resolution system made online, without the interaction of a third party. In other words, it is quite similar to the traditional facilitative mediation whereby things are done at a distance.
- Nowadays, with the massive success of video conferencing services such as Google Hangouts and Skype, the parties can easily communicate with each other in real time, along with having visual and vocal indications.
- This type of mediation is most appropriate for those parties cannot stand each other in the same room because of the strong conflicts that they might have.
Recent research proved that, just as traditional facilitative mediation techniques worked perfectly in the past (which is still a fact), E-mediation is also as efficient and effective, or maybe more.