Mediation is an effective way to end a dispute, especially when emotions get in the way of progress and litigation is not a desired path forward. It’s a confidential opportunity to find reconciliation, reach a compromise, or negotiate a settlement.
It is a useful solution-oriented method in situations where a mediator fosters trust, sensitivity, and cooperation with all parties as part of the process. During a session, our mediator will listen to everybody and help maintain constructive communication.
We offer all three types of mediation: facilitative, evaluative, and transformative. What type to use depends on your goals and objectives.
Facilitative Mediation
Facilitative mediation is the most common type of mediation. It is a meeting between at least two people who want to reach an agreement but need help making progress on their own. Everybody meets with the same mediator in the same room simultaneously. They each have an opportunity to explain their wants and objectives.
The facilitative mediator will ask a lot of questions but won’t typically make recommendations or share an opinion. Instead, everybody is encouraged to share information openly. Then they decide to agree or agree to disagree by themselves.
Facilitative mediation can be quick, affordable, and go smoothly. Especially if everyone generally gets along, trusts each other, knows what they want, and knows what’s on the table. It’s less than optimal in situations with secrets, power struggles, and control issues.
Evaluative Mediation
This type of mediation is used most often when the people bring their attorneys to the session. An evaluative mediator meets both parties in the same or separate rooms and goes between the two rooms.
The mediator will hear both sides and offer opinions about the strengths and weaknesses of their respective cases. The mediator will make recommendations for a solution.
This method is also a quick and efficient approach toward resolution.
Transformative Mediation
In this type of mediation, the mediator seeks to help people transform their relationship. This is a common approach toward workable child custody and co-parenting solutions. During a session, the mediator may need to smooth power dynamics or intercede to promote fair communication.
Typical mediation cases often involve:
- Divorce settlements
- Child custody agreements
- Business partner disagreements
- Child support agreements
- Contractual disputes
- Employment disputes
- Estates, trusts, and wills
- Landlord and tenant conflicts
- Personal injury settlements
- Probate and resolution after the death of a family member or friend
- Spousal Support/Alimony agreements
At Weems Hazen Law, our mediation experts will listen to your story, understand your priorities, and help you decide if this process is right for you. Contact us today.
