The Mediation Process Overview
Scott will tailor the mediation model to the specific mediation, but will utilize these two approaches primarily…
Evaluative/Directive: Assumption of mediator’s expertise on the problems and its solutions
Mediator’s goals: to lead parties towards a solution that the mediator crafts
Mediator’s resolution integrates the strengths/weaknesses of each side’s case and the likely outcome in court
Facilitative: Assumption that parties are the experts of their situation and will come up with better solutions
Mediator’s goals: to enhance communication between parties that might lead them to a resolution that they craft
Mediator’s support on the way for the parties to find the Solution
As a mediator Scott will work from a base of four core principles:
Reliance upon the power of understanding rather than the power of coercion or persuasion to drive the process.
The primary responsibility for whether and how the dispute is resolved needs to remain with the parties.
The parties are best served by working together and making decisions together.
Conflicts are best resolved by uncovering what lies under the level at which the parties experience the problem.
A competent mediator helps the parties uncover the Zone of Possible Agreement – the range which exists within your maximum willingness to pay and their minimum willingness to take.
A key to mediation is understanding your Best Alternative to Negotiated Agreement (BATNA) and analyzing the same, carefully considering the likely outcome if an agreement at mediation is not reached.
Mediators act more responsibly when they combine:
– Foundational principles to solve problems and ensure fairness
– Structural principles to facilitate the process and its different stages
– Personal principles to care for people with the appropriate style
To Caucus or Not to Caucus, that is the question…
In a survey of commercial and family mediators in the United States, attorney Roberta Horton found that the majority of commercial mediators make extensive use of caucusing, while family mediators (whose predominant practice is divorce mediation) seldom caucus (Horton 2009). Shefound that some family mediators do not use caucuses at all, and “among family mediators who do caucus, . . . 58 percent reported that they spend 30 percent or less of their time caucusing. In stark contrast, 88 percent of the commercial mediators reported spending more than 50 percent of their time caucusing” (Horton 2009: 13).
Discussions with mediators who have been practicing twenty years or more suggest that the most powerful factor in determining whether mediators use primarily joint sessions or caucus sessions is whether the disputants will likely have a relationship of some kind in the future.
How Scott Can Help
Find Common Ground, Reach Resolutions
Scott can help you navigate a disagreement through a facilitated process called mediation. In mediation, both parties involved will work together to reach a solution that works best for everyone.
Click "Contact Scott" to let Scott help you:
Understand each other's perspectives
Communicate effectively
Develop a fair and sustainable agreement
Avoid the stress and cost of litigation