Medghyne Calonge Explores the Different Types of Legal Mediation Available
Mediation is the process of resolving conflict through certain negotiation and communication techniques. Impartial third parties or mediators help resolve these issues, encouraging all parties to participate fully in the process. Medghyne Calonge, an experienced mediator from Tampa, FL, shares the different types of mediation and how they can help resolve many cases that would otherwise go to court.
Why Choose Mediation?
Mediation is more affordable than going to court. It is impartial and fair, with the parties deciding on the settlement terms. No one is found innocent or guilty during the mediation process. Rather, the two parties’ needs are considered equally, and a satisfying solution is discovered.
Mediation is much quicker than going to court. Sometimes, mediation can be resolved with just one meeting, where going to court could involve a multi-day battle. Litigation costs much more money, time, and emotional energy than mediation. It also helps to avoid turning the decision over to a jury, which can be unpredictable.
Mediation encourages shared problem-solving and improves communication between the parties. The goal of mediation is to get to the bottom of an issue rather than handing down some punishment in fines. When the two parties are encouraged to communicate, they can create valid solutions to their problems.
Underlying issues are brought to light by mediation. Both parties share their information, leading to a shared understanding of the issues at hand. Sometimes mediation can uncover the hidden motivations of one or both parties, making the path forward much clearer.
Types of Mediation
The following are the major types of mediation practiced today. Each type of mediation has its pros and cons, and an experienced mediator will know which method to use to get the best possible results.
1. Facilitative or Traditional Mediation
Within this type of mediation, an expert mediator like Medghyne Calonge helps the parties delve into their problems and develop a mutually satisfying solution. The mediator does not make suggestions or force decisions. Rather, they encourage both parties to arrive at a solution that benefits both sides. In facilitative meditation, the mediator generally keeps their feelings about the situation hidden.
2. Court-Mandated or Evaluative Mediation
Frequently, judges will rule that certain cases need to go to mediation rather than being heard in a court of law. Judges may recommend mediation because it provides a faster and more cost-effective method of arriving at a solution. Settlement rates of this type of mediation may be low if the parties are not committed to the process.
Court-mandated mediation is sometimes known as evaluative mediation. This process is modeled on conferences that judges hold to come to a settlement. Evaluative mediators point out the weaknesses in the parties’ cases and predict what a judge may decide. An evaluative mediator may give suggestions or potential solutions to the problem.
Evaluative mediators are more concerned with each party’s legal rights than with their interests and needs. They operate on the legal aspects of fairness. They frequently are chosen by attorneys working with the court, and attorneys are active in helping with the mediation. Most mediators operating in this way are attorneys themselves.
3. Transformative Mediation
Transformative mediation is a relatively new concept, first described in the book The Promise of Mediation by Joseph P. Folger and Robert A. Baruch Bush in 1994. Transformative mediation seeks to empower each disputant and encourage each side to see the other’s values and interests. Transformative mediation is related to facilitative mediation.
Within this type of mediation, the mediator focuses on engaging the parties to resolve their conflict. Each party is encouraged to look into the other’s motivations, needs, and interests. It is closely related to facilitative or traditional mediation, but it intends to change the parties’ relationship through the process.
In a mediation-arbitration hybrid, the parties must first agree on the terms of the mediation procedure. Both parties need to agree on the terms of the resolution and that it will be binding. Med-arb mediation, as it is known in the legal community, also involves using an impartial third party. This third party has the responsibility to ensure that the disputants arrive at a mutually beneficial solution to their problem.
What Types of Cases Go to Mediation?
Mediation and other forms of alternative dispute resolution are frequently used for divorce and child custody. It also comes into play within neighbor and family disputes. Landlords and tenants frequently go to mediation, as do management and labor unions. Some jurisdictions have made mediation mandatory in certain cases, especially child custody issues and neighbor disputes.
Understanding the Types of Mediation
Mediation is a complex area of the law, and it pays to look into every type of mediation before choosing the right method for your case. Having a good grasp of the goals of each type of mediation can help you apply them to your situation.
Medghyne Calonge strongly encourages people with legal disputes to look into mediation since it saves money, time, and stress in many cases.