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What Mediation Services Exist?

What Mediation Services Exist?
What kind of mediation services exist?

Mediation services include a plethora of options.  Mediation is a private industry and as such there are numerous options that exist.  Mediators specialize in all backgrounds of business and law.  Through a simple search one can find mediators to help with a contract dispute, divorce, eldercare, discrimination, estate planning, landlord tenant disputes, workplace mediation and numerous others.

When searching for a mediator it is essential, not only to find a mediator that is neutral, but one who also has expertise in the specific area at issue.  States do not require certification to be a mediator but, like any other profession, the industry polices itself.  Those who do not have the education or training appropriate for mediation will soon find themselves out of work. 

Although certification is not required to be a mediator, courts will usually have a list, available at request; of approved mediators the court finds to be beneficial.  In order to be on this list the courts often demand some kind of training and/or education in mediation, arbitration, or other form of alternate dispute resolution.

What are the types of mediation services?

The 3 major types of mediation services are evaluative mediation, facilitative mediation and transformative mediation.

Evaluative mediation involves the legal rights of the parties.  The role of the mediator is to listen to the arguments on both sides and attempt to predict what a judge and jury will decide if the matter goes to trial.  Even though mediation does away with the rules of evidence and civil procedure a mediator in this situation will evaluate the facts and evidence as would a court of law to help come to a compromise.

Facilitative mediation is quite different.  In this situation the mediator is basically an interested bystander and only comes in to flush out issues.  The purpose of facilitative mediation is to have the parties reach an amicable agreement on their own. 

Transformative mediation in a way is self descriptive.  The point of transformative mediation is to have the parties' see the others points of view, interests, and values.  In a way, the mediator acts as a marriage counselor.  His/her goal is to help the parties come to a solution and repair broken relationships.  Transformative mediation is often found in interpersonal disputes such as divorce matters and issues dealing with estates.

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