How to get the most out of mediations

Generally speaking there are four types of Mediations: Therapeutic ; Settlement;  Evaluative; Facilitative

All of these types of mediations can be used to resolve your matter, it is important to choose the appropriate model for your particular type of dispute.

 

Therapeutic mediations focus on the source of conflict and work through the psychological and emotional factors of the dispute. The aim of this mediation is to get you to work through the present conflict and is often suited to complex matters.

 

Settlement mediations focuses on the parties positions and the current issues that are standing in the way of a resolution. The aim of this mediation us to come to a final resolution and can be suited to financial matters, or single issue disputes.

 

Evaluative mediations often use a mediator who is an expert in the area of dispute and can direct the parties through the mediation process. The mediator is more involved in the process and the parties are directed to focus on settling the dispute.

Facilitative mediations re-focus the parties on their interests and guides discussions between the parties to generate options for settlement. The mediator acts as more of a guide and the parties are to talk to each other and work through the issues in dispute. This mediation is often helpful in matters involving children or where the parties need to have an ongoing relationship. Most mediations in a Family Law Context will be facilitative.

Mediation structure

Parties engaging in the facilitative model can expect a mediation to progress roughly as follows:

• Introduction
• Confidentiality
• Parties opening statements
• Agenda
• Exploration
• Option generation
• Private sessions
• Negotiations
• Agreement

How can I prepare for a mediation

After you have chosen an appropriate model of mediation, it is important to take some time prior to the mediation and prepare yourself to gain the most out of the mediation process.

 

Often the first few minutes of a mediation can be overwhelming and you may forget what you were seeking to discuss. It is helpful to prepare a short dot-point list of things that you wish to talk about prior to the mediation as a reference.

 

Listening is an important part of any mediation process. Keep in mind that you listen to what is being said by the other party and you do not talk over them. Mediation is a chance for parties to talk about what is happening in a safe and judgment free environment.

 

For more information please contact our office on 9620 1379