Mediation Service

Sometimes called "transactional mediation,"  traditional mediation usually involves a joint discussion with the mediator with opening statements of the parties followed by separating the parties into different rooms (either physically or virtually) and the mediator going back and forth between rooms to confidentially explore facts that bear on possible resolution of the dispute and  exploring options for settlement.  This form of "shuttle diplomacy" regarding the dispute and possible settlement  is what comes to the minds of most people when the term "mediation" is used.  Kruglinski ADR is widely experienced in this method of mediation, whether applied in the negotiation of collective bargaining contracts or in the settling of grievances.

Facilitative or "interest-based" mediation is used in some situations where there is a possibility of a win-win solution based upon the shared interests of the parties.  This type of mediation is really an approach to joint problem solving where the parties' core interests (e.g., security, economic well-being, a sense of belonging, recognition, and a degree of control over one's life) are explored and used as the basis for generating multiple options for possible settlement of the dispute.  This approach was described in the seminal book "Getting to Yes" by professors Fisher and Ury of the Harvard Negotiation Project in the early 1980s. Kruglinski ADR has taught the techniques of this type of mediation to thousands of people and helped scores of labor and management groups reach creative interest-based solutions to their disputes.

 In reality, both traditional mediation and facilitative mediation should be effective tools in the toolbox of any skilled and experienced mediator.  Whether solutions to disputes are arrived at in separate rooms or together in joint problem-solving sessions based on an open discussion of the parties' interests is a decision of the mediator based on a number of factors including the nature of the dispute, the quality of the relationship between the parties at any given time, the amount of time available to reach a settlement, the stakes involved, and a variety of other factors.  Both traditional and facilitative (see Interest-Based Bargaining Service) mediation approaches are available for collective bargaining as well as grievance mediation.  For more information on the types of mediation that might work for you or if you have other questions, please contact Kruglinski ADR.