Originally from Dispute Resolution Journal

Preview Page
 

VII. Facilitative or “Classic” Mediation

Typically meaning:

(a) a non-adjudicative facilitated settlement negotiation process;
(b) a highly informal case presentation— opening most often by counsel, but the clearly better openings are often by the clients with little counsel participation;
(c) with the mediator(s)10 often sponsoring direct conversation with and by the clients (directly when they speak respectfully to each other and often through the mediator(s) when they don’t);
(d) usually without “evidence,” though commonly key documents like a contract clause or patent claims are referred to or quoted;
(e) discussions led by one or two neutrals in a proactive role (not passive as are Anglo-American judges) in facilitating inter-party communication;
(f) these discussions characteristically include joint or plenary sessions and commonly include private caucuses between the mediator(s) and each party in a sort of mediator shuttle diplomacy with hopes of bringing them together;
(g) wherein the mediators facilitate communications