Sometimes, during a severe conflict, the parties concerned may prefer to evade a court case. In such a situation, mediation is a chosen alternative and the preferred method when the battle includes family. Sometimes, the matter may have reached the court, but the judge rules for
a mediation process.
Outside of the legal world, peer mediation is a phenomenon that we are all familiar with, whether we recognize it or not. From the playground to the classroom, sports field, or workplace, the mediation process settles differences between individuals or groups every day.
Mediation entails the involvement of a third party to help the conflicting parties find a common ground and settle their differences as amicably as possible. Trained legal mediators, like those at our family law firm in Burlington, Iowa, use mediation techniques and methods of mutual- gain and collaborative negotiation.
There are different types of mediation in conflict resolution. Based on the kind of conflict at hand, mediators use different meditation techniques, styles, and approaches to achieve their goals. In the case of family conflict, a family attorney in Burlington, Iowa, can help with these three basic types of mediation and more:
Also known as traditional mediation, facilitative mediation involves the mediator encouraging both parties to negotiate and is the most common type of intervention. Instead of imposing a verdict or recommending any solution, the mediator listens and allows both sides to reach a deliberated conclusion by surveying their respective underlying interests. In such cases, mediators withhold their personal views as regards the conflict.
A facilitative mediator, such as our family attorney here in Burlington, Iowa, we work with the conflicting sides at their level, sometimes meeting both together and sometimes delivering the concerns of one to the other.
Evaluative mediation requires the mediator to recommend, suggest, and express views. Rather than focus mainly on the hidden interests of the disputants, the mediator helps them weigh the legal worth of their lines of reasoning and make fair settlements.
Family issues, such as divorce, are generally required by the court to be addressed through mediation, and the mediator involved will have specific legal knowledge in that area, like the specialists from our family law firm in Burlington, Iowa.
The mediator listens to the concerns of both sides and gives legal insight as to the legal implications of these issues and how best they can be worked out to the benefit everyone involved.
In transformative mediation, the mediator (try a family lawyer from our Burlington, Iowa firm) seeks to empower the conflicting parties to resolve by nudging them towards recognition of each other’s interests and needs. Transformative mediation stems from facilitative mediation but ultimately aims to transform the relationship between both sides through the mediation process of equipping them with the skills it takes to make constructive changes.
In transformative mediation, the mediator ensures that each party speaks civilly and then listens attentively to the other party, to the end that their differences are worked out with each side leaving the table as gratified as possible, having gained a better understanding of the other’s standpoint.
There are subtle differences between all the types of mediation, but each shares the same ultimate goal – to achieve a lasting and amicable resolution to whatever matter that may have brought the parties to the table. So, while it often isn’t possible to avoid conflict entirely, it is very conceivable and reasonable to settle via the cordial means that the mediation process offers.