1. Triage mediation (court-connected process)
Triage mediation is believed to be
relatively uncommon today. Formerly, it was widely seen in court systems and
was developed to divert large numbers of cases away from the trial system. This
sort of mediation is typically very brief and focused. The goal of triage
mediation is to get the dispute out of the court system as quickly as possible
by seeking a quick settlement. The focus of triage mediation is typically
narrow – it is focused in the short term on this dispute because that is all
that’s needed to get the case out of court. The main advantage of triage
mediation is that it’s cheap, it’s quick, and it clears court dockets. However,
triage mediation presents a number of significant problems (Beck & Sales
2000). Because its principal goal is to save money and avoid court, mediators
are often poorly trained and poorly and carry overly heavy caseload.
2. Bargaining-Based Mediation
Bargaining-based mediation is an extremely
common form of mediation. Sometimes it called concession hunting. It is the
predominant style used in court-connected civil dispute mediation, as well as
the mediation of commercial, construction, and personal injury cases. The
primary goal of bargaining-based mediation is to attain a fair agreement
through compromise. Lawyer mediators are more likely to use this form of
mediation than any other. The focus is usually narrow and the process is
typically evaluative.
Bargaining-based mediation is
particularly good for cases in which there are highly divergent perceptions of
fact or law – because the divergent perceptions may be the most important
impediment to settlement. It’s also good for cases involving highly complex
legal issues, since lawyers tend to be closely involved in the mediation
process.
3. Therapeutic mediation.
Therapeutic denotes a process that leads
from emotional distress to emotional relief. The goal of a therapeutic
process is restoration of a sense of well-being.
Mediation refers to a process by which a
third party assists two antagonistic parties to discuss and resolve issues
in dispute. A resolution is an agreement upon a plan of action which
is acceptable to both parties because it is fully responsive to the
concerns of both parties.
The term therapeutic mediation thus
implies a twofold goal: emotional healing plus agreement on a plan of
action.
4. Pure Mediation
Pure mediation is a facilitative process whose
goal is to promote collaborative, integrative, principled bargaining. (It is
very important to note that the goal of pure mediation is not to reach
agreement but, rather, to promote the sorts of negotiation behaviors that will
lead to reaching agreement.)
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