5.10 Mediation In The Context of A Problem-Solving Strategy

Some mediators, thought of as neutral facilitators, eschew valuation and position bargaining strategies when they conduct mediations. Facilitative mediators are particularly good for implementation of a problem solving strategy for resolving the dispute.

The problem-solving mediator can:

· Suggest problem solving processes

· The mediator can overcome opponent resistance to problem solving strategies by making suggestions from the position of neutrality. Where these same solutions suggested by a lawyer negotiator might be rejected because they are distrusted and viewed as tricks and manipulations, when offered by a neutral they will more likely be adopted

· Facilitate discussion of underlying goals and values

· Create fair processes for providing information and valuation

· Facilitate the generation of multiple alternative solutions that create win-win outcomes

· Suggest creative valuation methods to provide means for parties to turn values into positions

· Create implementation processes that build fairness, predictability, and trust