Editing Mediation (section)

==Variants==

===Evaluative mediation===
Evaluative mediation is focused on providing the parties with an evaluation of their case and directing them toward settlement. During an evaluative mediation process, when the parties agree that the mediator should do so, the mediator will express a view on what might be a fair or reasonable settlement. The Evaluative mediator has somewhat of an advisory role in that he/she evaluates the strengths and weaknesses of each side's argument and make some predictions about what would happen should they go to court. Facilitative and transformative mediators do not evaluate arguments or direct the parties to a particular settlement.

In Germany, due to national regulation "evaluative mediation" is seen as an oxymoron and not allowed by the German mediation Act. Therefore, in Germany mediation is purly facilitative.<ref>{{cite web|url= ADR news Ausbildungsverordnung für Mediatoren|publisher=SIMK Hannover, Germany|date=2012-11-19|access-date=2017-07-02}}</ref> In Australia, the industry accepted definition of mediation involves a mediator adopting a non advisory and non determinative approach. However, there is also provision under the National Mediator Accreditation Standards for mediators to offer a 'blended' approach provided that participants consent to such a process in writing, the mediator is appropriately insured and has the expertise required.<ref>T. Sourdin, Alternative Dispute Resolution, 5th ed, 2016, Thomson Reuters</ref>

===Facilitative mediation===
Facilitative mediators typically do not evaluate a case or direct the parties to a particular settlement. Instead, the Facilitative mediator facilitates the conversation. These mediators act as guardian of the process, not the content or the outcome. During a facilitative mediation session the parties in dispute control both what will be discussed and how their issues will be resolved. Unlike the transformative mediator, the facilitative mediator is focused on helping the parties find a resolution to their dispute and to that end, the facilitative mediator provides a structure and agenda for the discussion.

===Transformative mediation===
{{Main|Transformative mediation}}
Transformative mediation looks at conflict as a crisis in communication. Success is not measured by settlement but by the parties shifts toward (a) personal strength, (b) interpersonal responsiveness, (c) constructive interaction, (d) new understandings of themselves and their situation, (e) critically examining the possibilities, (f) feeling better about each other, and (g) making their own decisions. Those decisions can include settlement agreements or not. Transformative mediation practice is focused on supporting empowerment and recognition shifts, by allowing and encouraging deliberation, decision-making, and perspective-taking. A competent transformative mediator practices with a microfocus on communication, identifying opportunities for empowerment and recognition as those opportunities appear in the parties' own conversations, and responding in ways that provide an opening for parties to choose what, if anything, to do with them.<ref>{{Cite web |last=Shonk |first=Katie |date=2024-02-27 |title=Types of Mediation: Choose the Type Best Suited to Your Conflict |url=https://www.pon.harvard.edu/daily/mediation/types-mediation-choose-type-best-suited-conflict/ |access-date=2024-03-30 |website=PON - Program on Negotiation at Harvard Law School |language=en-US}}</ref>

===Narrative mediation===
The narrative approach to mediation shares with [[narrative therapy]] an emphasis on constructing stories as a basic human activity in understanding our lives and conflict.<ref name=":0">{{Cite book|title=Narrative Mediation: A New Approach to Conflict Resolution|last1=Monk|first1=John|last2=Winslade|first2=Gerald|year=2000|pages=3}}</ref> This approach emphasizes the sociological/psychological nature of conflict-saturated narratives, and values human creativity in acting and reacting to these narratives. "The narrative metaphor draws attention to the ways in which we use stories to make sense of our lives and our relationship."<ref name=":0" /> Narrative mediation advocates changing the way we speak about conflicts. In objectifying the conflict narrative, participants become less attached to the problem and more creative in seeking solutions. "The person is not the problem; the problem is the problem" according to narrative mediation.<ref>{{cite book |last1=White |first1=Michael |author-link1=Michael White (psychotherapist) |last2=Epston |first2=David |author-link2=David Epston |date=2005 |chapter=Externalizing the problem |editor1-last=Malone |editor1-first=Caroline |editor2-last=Forbat |editor2-first=Liz |editor3-last=Robb |editor3-first=Martin |editor4-last=Seden |editor4-first=Janet |title=Relating experience: stories from health and social care |location=London; New York |publisher=[[Routledge]] |pages=88–94 |isbn=0415326575 |oclc=56012666}}</ref>

===Mediation with arbitration===
Mediation has sometimes been utilized to good effect when coupled with [[arbitration]], particularly [[binding arbitration]], in a process called 'mediation/arbitration'. The process begins as a standard mediation, but if mediation fails, the mediator becomes an arbiter.

This process is more appropriate in civil matters where [[rules of evidence]] or [[jurisdiction]] are not in dispute. It resembles, in some respects, criminal [[plea bargain|plea-bargaining]] and [[Confucian]] judicial procedure, wherein the [[judge]] also plays the role of [[prosecutor]]—rendering what, in Western European court procedures, would be considered an arbitral (even 'arbitrary') decision.<!--in plea bargaining, the prosecutor is the judge, not the other way around, no?-->

Mediation/arbitration hybrids can pose significant [[ethics|ethical]] and process problems for mediators. Many of the options and successes of mediation relate to the mediator's unique role as someone who wields no [[coerce|coercive]] power over the parties or the outcome. The parties awareness that the mediator might later act in the role of judge could distort the process. Using a different individual as the arbiter addresses this concern.

===Online===
{{Main|Online dispute resolution}}
Online mediation employs online technology to provide disputants access to mediators and each other despite geographic distance, disability or other barriers to direct meeting. Online approaches also facilitate mediation when the value of the dispute does not justify the cost of face-to-face contact. Online mediation can also combine with face-to-face mediation—to allow mediation to begin sooner and/or to conduct preliminary discussions.

The global pandemic provided the opportunity for online mediation to expand and thrive with many mediators continue to offer their services fully or partially via online mediation. 

===Biased mediation===
Neutral mediators enter into a conflict with the main intention in ending a conflict. This goal tends to hasten a mediator to reach a conclusion. Biased mediators enter into a conflict with specific biases in favor of one party or another. Biased mediators look to protect their parties interest thus leading to a better, more lasting resolution.<ref>{{cite journal|last=Svensson|first=Isak|title=Who Brings Which Peace? Neutral versus Biased Mediation and Institutional Peace Arrangements in Civil Wars|journal=The Journal of Conflict Resolution|date=June 2009|volume=53|issue=3|pages=446–469|doi=10.1177/0022002709332207|s2cid=155022119}}</ref><ref>{{Cite journal|last1=Lundgren|first1=Magnus|last2=Svensson|first2=Isak|year=2014|title=Leanings and Dealings: Exploring Bias and Trade Leverage in Civil War Mediation by International Organizations|journal=International Negotiation|volume=19|issue=2|pages=315–342|doi=10.1163/15718069-12341280|s2cid=143172307|url=https://pdfs.semanticscholar.org/b062/9a6cd093e0a31ddf0ae42abb7e3b03270c72.pdf|archive-url=https://web.archive.org/web/20200220053110/https://pdfs.semanticscholar.org/b062/9a6cd093e0a31ddf0ae42abb7e3b03270c72.pdf|url-status=dead|archive-date=2020-02-20}}</ref>