The World of Mediation: A Spectrum of Style

The World of Mediation: A Spectrum of Style

08B8815-copy-latest-picture-okBy Robin N. Amadei and Lillian S. Lehrburger

Mediators use a broad range of styles,techniques and approaches,depending on their outlook, background, training and experience,as well as the type of cases they have before them.This article clarifies some of the differences in these styles,putting at one end of the spectrum a process-centered approach to mediation,and at the other end a substance-oriented approach.After discussing the differences between the two approaches,the authors analyze the spectrum of mediation models.People involved in disputes can choose from a variety of alternatives to litigation,ranging from informal negotiation to more formal arbitration.This article will focus on mediation,illustrating that this form of ADR encompasses a broad range of styles,techniques and approaches that depend on the mediator’s outlook,background,training and experience as well as the type of case.Generally mediation is defined as “an intervention in dispute negotiations by a trained,neutral third party with the purpose of assisting the parties to reach their own solution.Clearly,this broad definition could apply to numerous different types of intervention,potentially creating confusion among the public,clients,lawyers,the judiciary and mediators themselves.The objectives of this article are to help clarify the many faces of mediation as well as to open up a dialogue on this important issue.

The World of Mediation: A Spectrum of Style

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