Charlie Irvine reflects on the diversity of mediation styles and challenges mediators to articulate their personal "real mediation system." He encourages fellow practitioners to describe their approaches, noting that doing so not only highlights the variety of practices in the field but also helps mediators refine their own methods and gain a clearer understanding of their work.
Read MoreJan Frankel Schau, an LA mediator, explains the concept of transformative mediation with examples, and explains how it has a part to play in commercial mediation.
https://www.adrtimes.com/author/janfrankelschau/
Read MoreAn article from the ADR Times explains the main types of mediation: transformative mediation, facilitative mediation, and evaluative mediation.
https://www.adrtimes.com/types-of-mediation/
Read MoreSir Paul Morgan, formerly a judge of the UK High Court and now an arbitrator and mediator at Wilberforce Chambers in London, explains why disputes lawyers must be more ready than ever to recommend mediation before or during litigation, how Early Neutral Evaluation (ENE) can assist parties to settle their dispute, and how ENE can be combined with mediation.
https://www.wilberforce.co.uk/dispute-resolution-the-role-of-neutral-evaluation-in-mediation/
Read MoreThis guide is designed to help individuals responsible for addressing employee conflict within an organisation achieve better outcomes for employees and the business. Written by leading practitioners and combining CEDR’s institutional learning and understanding of conflict, this 35 guide covers:
What is Workplace Conflict?
What is Mediation?
The Difference between Workplace and Employment Mediation
What does Workplace Mediation look like?
How to set up your Workplace Mediation
Internal or External Mediator?
Confidentiality
Confidentiality Breaches
‘Without Prejudice’
Managing Outcomes from the Mediation
Resources
https://indd.adobe.com/view/7cfbdbdd-d44c-46d5-a28c-13106f5947e1
Read MoreAn article considering the spectrum of mediation practice - from evaluative to facilitative - and explaining the concept of 'emergence'.
Read MoreGreg Rooney suggests a way to think about the mediation process, suggesting unexpected solutions may emerge from their complex interactions (and mediators might facilitate that).
Read MoreArticle explains that a mediator should adopt both facilitative and evaluative approaches.
https://mediate.co.uk/blog/facilitative-evaluative-mediation/
Read MoreArticle asks whether parties want a mediator to just facilitate negotiation, or help them by evaluating the case, or something in between (and what that might be).
http://mediationblog.kluwerarbitration.com/2013/05/01/dont-just-sit-there-do-something/
Read MoreArticle suggests the distinction between facilitative and evaluative mediation is hard to draw, and suggests that instead parties want guidance and direction.
https://mediate.co.uk/article/facilitative-or-evaluative-the-myth-of-the-distinction/
Read MoreArticle continues description of the evolution of different mediation approaches in NZ, and explains why mediator evaluation – i.e. that helps the parties to evaluate the case – has a place.
http://www.robertfisher.co.nz/wp-content/uploads/2013/05/RTT2.pdf
Read MoreArticle describes the evolution of different mediation approaches (e.g. facilitative : evaluative), and explains why mediator evaluation – i.e. that helps the parties to evaluate the case – has a place.
http://www.robertfisher.co.nz/wp-content/uploads/2013/05/RTT1.pdf
Read MoreArticle explains that a mediator should adopt both facilitative and evaluative approaches, and that most important asset may be tenacity.
https://www.mediate.com/articles/roberts3.cfm
Read More