Core philosophy
The classic definitions of mediation all refer to the fact that it is voluntary and non-binding to the point of agreement and that the parties choose to involve a third party who is neutral.
The parties should feel supported through the process. However, they should also feel that they have a real say in how the mediation is conducted. They should certainly feel that they have been helped to reach their own solution. They may feel they have compromised (that is, not entirely dictated the settlement terms) but they should still not feel as though a solution has been imposed upon them.
Different techniques.
The classic mediation model is facilitative. The mediator engages with the parties, their issues and the possible solutions but does not offer a view on a party’s prospects of success at court. Offers and information are passed from one party to another by the mediator with limited, if any, comment or recommendation.
An increasingly popular model is the evaluative model. The structure is the same as in a facilitative mediation but the parties can seek the mediator’s view of their case and ask for recommendations.
Other models include blends of mediation and arbitration. These have developed as parties have expressed a wish for greater certainty that the process will end their dispute. Importantly, however, these blended models still give parties an opportunity to reach their own settlement.
