Facilitative Mediation

Compared with

Other Dispute Resolutions

For Transformative Mediation:  See the description below.

Facilitative
 Mediation

Caucus
 Mediation

 

Binding
 Arbitration

Non-Binding
 Arbitration

Litigation

Confidentiality

 Yes

Yes

Yes

Yes

No

Settlement Decisions

Made by the Parties

Made by the Parties and Mediator

Made by Arbitrator,
 Parties Comply

Made by Arbitrator, Agreed to

 by Parties

Made by Judge or Jury,

Parties Comply  

Role of the Mediator, Arbitrator, Judge or Jury

Mediator facilitates the process while
 the Parties Determine Agreement

Mediator is a
"Go-Between"  
while the Parties are Separated

Arbitrator Determines Settlement and  Parties Comply

Arbitrator Determines Settlement, Parties Agree

 to Comply

Judge or Jury Determines Settlement, Parties Comply

 Cost  Low

 Moderately High

 Moderately High

 Moderately High

 High


Transformative Mediation: Does not fit the Comparison Table above because it is not concerned with reaching an Agreement or Settlement.  The objective of Transformative Mediation is to "Transform the situation by obtaining a better understanding of each Parties Views, Values, Goals, Methods of Operation, Personality Types and the like.  The Transformative Mediator assists the Parties in communicating and understanding without a formal statement of agreement, but with the hope this process will enable improved performance or relationship.
 
Facilitative Mediation utilizes the same skills and principles as Transformative Mediation resulting in a written agreement or contract settling the matter; however, the Facilitative Mediator works for the Parties and if the Parties are satisfied with the process short of the contract, they are free to stop the process at any time.