Non Legal Mediation
Above all, find a mediator who understands that mediation is more than just win/lose. Now that the purpose of mediation is established and there is a common language for the steps of mediation, this article will turn to the types of mediation a mediator can offer. The main types of mediation are transformative, facilitative and evaluative. The types or styles of mediation are most evident in the control a mediator exercises over the process as mediation progresses. Some styles will use more control and bring more of their own opinions into mediation, while other mediators will allow the parties to establish the conversation and act solely as facilitators. As mentioned above, most mediators have a preferred style that they usually use, but must adapt this style according to the needs of the parties and power dynamics. In a way, the values of transformative mediation mirror those of early support mediation, in its interest in empowering and transforming the parties. The first mediators expected to change society with these techniques of peace. And they did. Modern transformative mediators want to continue this process by allowing and supporting the parties to mediation to determine the direction of their own process. In transformative mediation, the parties structure both the process and the outcome of the mediation, and the mediator follows their lead.
Electronic mediation can be a fully automated online dispute resolution system without any interaction from third parties. But electronic mediation is more akin to traditional support mediation, which is conducted remotely, the chapter`s authors write. Thanks to video conferencing services such as Skype and Google Hangouts, parties can now easily and cost-effectively communicate with each other in real time while benefiting from visual and linguistic cues. Early research suggests that technology-based mediation may be just as effective as traditional meditation techniques. In addition, parties often perceive it as a low-stress process that promotes confidence and positive emotions. Unlike trials and hearings that take place in public courtrooms, mediation is private and, with a few exceptions, confidential. If your mediation is ordered by a court or conducted by a licensed mediator, there are laws and rules that require confidentiality. (See Mediation Confidentiality and Privilege Act, sections 44.401 to 44.406, Florida Statutes). The law still applies when mediation is ordered by the court, but the law also applies to out-of-court mediation if (a) the parties agree that it will be applied, or (b) it is mediated by a licensed mediator. Although not mandatory, the mediator may sometimes ask the parties to declare in writing that they will keep everything confidential.
The goal is to allow you, each mediation participant and their lawyer, if applicable, to discuss legal and non-legal issues without fear that others (including the judge) will find out. While most of what is said during mediation is confidential, there are some exceptions. (Three main examples of these exceptions are child abuse, elder or vulnerable adult abuse, or anyone who says they are committing or planning to commit a crime. If you are interested in all exceptions, see Section 44.405(4)(a)(1) – (6) of the Florida Statutes.A signed mediation agreement is not confidential unless the parties agree that it is confidential and the law permits the confidentiality of the agreement. Instead, the agreement can – and in some cases MUST – be included in a court record. In cases where the mediator is not appointed by the judge, there are a number of factors you can consider when choosing a mediator, including the mediator`s background, mediation training and experience, or your type of case. You can also take into account the fees that the mediator wishes to charge. See also question 9 on. Whether someone is allowed to mediate for you depends on how that person relates to the case or to the people involved in the mediation. Since a mediator must be both neutral and impartial, he or she should not have a close relationship with a person involved in the dispute or participating in the mediation.
If the mediator has such a close personal or professional relationship (e.g. parent, employee, owner), he or she cannot arbitrate this dispute. If the connection is not closed, the mediator must disclose the connection. If you acknowledge a relationship or relationship with the mediator, you must disclose the link as soon as you become aware of it. Once the link is disclosed, the mediator can serve if all parties agree. If mediation ends in an impasse or issues are not resolved, the process is not yet complete. At this stage, the parties may resort to arbitration. The mediator can assume the role of arbitrator (if qualified) and quickly make a binding decision based on his judgments, either on the case as a whole or on the unresolved issues. Alternatively, an arbitrator may take over the case after consultation with the mediator.