Generally there are three types of mediation. These would include Evaluative, Facilitative and Transformative Mediation.
What is Evaluative Mediation?
Evaluative mediation is a process that is based on using settlement conferences that are run by judges. Attorneys will normally work with the court to select the mediator and are active participants in the mediation process. Typically the parties are most often present at the mediation however the mediator may meet with the attorneys alone as well as with the parties and their attorneys together. The role of the evaluative mediator is to evaluate the case and to point out the strength and or weaknesses of the case. They will also try to predict what a judge or jury would be most likely to decide. An Evaluative Mediator may make recommendations to the parties regarding getting the issue resolved.
What is Transformative Mediation?
Transformative mediation is probably one of the newest forms of mediation. Its goal is is to transform the relationship that exists between the parties during the mediation. In transformative mediation, the parties structure both the process and the outcomes of the mediation. The role of the mediator is to follow the parties lead.
What is Facilitative Mediation?
Facilitative mediation came along during the time of volunteers who handled dispute resolutions. Typically the volunteer did not need to have expertise concerning the are of the dispute in question. Most often in this type of mediation, no attorney was present. It is up to the mediator to structure a process to assist the parties in reaching a resolution. The mediator does not make recommendations and leaves it up to the parties to work out the details. Attorneys can be present but it is most desired that the parties have most of the input.
If you are considering hiring a mediator in the metro Phoenix Arizona area to settle a dispute or divorce please feel free to contact Alona M. Gottfried at 480-998-1500.
Simmons & Gottfried, PLLC
a Professional Limited Liability Company
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260