Facilitative mediation helps to support both participants in opening up and presenting their case in a facilitative manner. It is therefore a process that encourages listening and engagement as a way to develop options for settlement together.

The mediator is there simply to discretely guide the parties towards resolution and to maintain a fair process that allows both participants full presentations of their views and stories underlying the conflict. During facilitative mediation the focus is also taken away from individual positions and redirected onto conversation so the participants have a total control over the negotiation and resolution.

We found this style to be most helpful in situations where the disagreement is likely to have resulted from a limited dialogue between the participants or where the issues underlying the conflict need to be broadly discussed.

Evaluative mediation differs from the facilitative approach in that it allows the mediator to be more pro-active and less discreet. By agreeing to a facilitative mediation the participants allow the mediator to express view on the strengths and weaknesses of their opinions. During evaluative mediation the mediator also conducts a high-level analysis of the participant’s positions form the perspective of fairness in law. This naturally implies some sector expertise in the mediated matter from the mediator and the participants seeking to mediate in this style.

Evaluative mediation can be conducted with a different level of involvement from the mediator and varying level of intensity of proactive interactions. In our view the evaluative element should be subtle yet transparent enough to send a signal on the merits of the arguments presented by the participants. At the same time, we never let the independent assessment interfere with the participants conversations. Similarly, under this model, we will express no opinion as to the type and nature of the settlement or what is the right outcome should be.

Based on our experience and expertise we are able to mediate in this style only when the disagreement refers to the matters within the construction, real estate and technology sectors.

As the name suggests this type of mediations is always placed in the employment context and, at least in the majority of cases, are initiated by the Human Resources professionals. Occasionally, employees conflicted with their employers seek mediators help with facilitation of discussions related to exit or compromise agreements.

These mediations are different from the previously mentioned options due to the sensitivity of matters and participants, and often very fragile chains of communication between the participants. There is also large power imbalance present. Other elements such as diversity and culture cannot be ignored too.

Although it is widely perceived that anyone can mediate workplace and employment disputes, we hold an opposite view. In our perception these disputes can only be mediated by those having a thorough understanding of the workplaces and the nature of relationships that should exist in the industry in which the disagreement grew to a conflict. Thus we can only assist with employment mediations placed within the construction, real estate and technology domains.

Mediation is also a negotiation and vice versa. After all the settlement is being negotiated during a process, which happens to bear the ‘mediation’ label. In other words, negotiation is a complementary tool of mediation. So where can we help?

We can assist you in structuring and conducting any negotiation you may need to drive within the area of our sectorial specialism. It is true that the initial thought of using a mediator to negotiate may seem or sound odd. The fact is, however, that mediators, largely due to their experience and learned emotional intelligence in dealing with situation where points of difference and conflicting interests exists, are often the best negotiators.

Depending on the nature of your situation and requirements we will be able to adopt a specific style of negotiation – ranging from soft, through principled, to hard – and complement it by an individual or hybrid negotiation tactic aimed to render specific ‘affects’. After all, negotiation is all about emotions and perceptions, and you would be surprised how much can be attained through a skilful modulation of anger, guilt, pride and worry.

What can you gain? While the desired result cannot be perceived in any shades of certainty, it is very likely that you’ll be able to improve your position, open new opportunities or simply save money.