Negotiated Settlement
Negotiated Settlement versus Mediation.....
Mediation is often confused (even by some mediators) with the traditional Negotiated Settlement or Settlement Conference, which sometimes takes place before judge. In a settlement conference, the "settlement judge" is likely to express ultimate opinions on the merits of the case or the reasonableness of a proposed settlement. In contrast, mediation encourages the parties themselves to form opinions by listening and speaking. A mediator is a facilitator whose job is to empower the parties to reach their own agreement for their own reasons
Facilitative Mediation is based on the belief that, with neutral assistance, people can work through and resolve their own conflicts. In a facilitative style, the mediator will take an active role in controlling the "process." Process means things like setting the ground rules for how the problem will be solved. The mediator asks questions to identify the interests of the parties and the real issues in the disagreement. He searches for underlying interests and helps find and analyze options for resolution.. The mediator helps the parties explore solutions that benefit both parties (sometimes called "win/win" solutions). In a facilitative mediation, the mediator does not offer an opinion on the strengths and weaknesses of the parties' cases or an opinion about the outcome . Facilitative allows the disputing parties to maintain control over most of the mediation process. With this style, the emphasis lies on making sure the disputing parties come to an agreement on their own. Facilitative mediation gives you maximum control over the outcome. The mediator's role is limited to ensuring that all relevant information is exchanged and as many options for settlement are explored. The mediator may suggest solutions if you and the other spouse seem to be stuck over an issue.
