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ADR & Mediation Research Guide

Introduction

"Mediation" means a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement. California Rules of Court, Title 3, Division 8, Chapter 3, Rule 3.852

Mediation leaves the decision power with the parties and does not decide what is "fair" or "right." The mediator acts as a catalyst between opposing interests attempting to bring them together by defining issues and eliminating obstacles to communication, while moderating and guiding the process to avoid confrontation and ill will. The mediator will, however, seek concessions from each side during the mediation process.

Basic Mediation Forms and Techniques

  • Evaluative: Litigated case model, emphasis on settlement.
  • Facilitative: Community mediation model
  • Transformative: Often ongoing relationship between disputants

Consult Black's Legal Dictionary for definitions of any unfamiliar legal terms in this guide.

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