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Facilitative Mediation


— By Mary Reiten, Esq. —


facilitative mediation and why would I want to participate in it? People mediate for all sorts of reasons that may or may not have anything to do with money. For example, people  practical solution to a problem or they could be seeking a less costly and quicker solution than litigation. So how do you go about obtaining resolution? Why not give facilitative mediation a try?


W


SCAI has launched a mediation program using the “Facilitative Mediation” model. What is


Facilitative mediation is not about getting the other party to capitulate to your demands or proving a point. Rather it is a structured conversation in which both parties discuss their points of view and explore ways to 


 one can force a person to mediate. What happens in the mediation room, stays in the mediation room. And if no settlement occurs, a party cannot use in court what happened in the mediation room to prove the other party is in the wrong.


The mediator is impartial and neutral and does not give legal advice.


Unlike other types of mediation, facilitative mediation requires both parties to be in the same room with the mediator. The mediator “facilitates” a structured conversation between the parties, with the goal of reaching an agreement. The mediator follows a structure that is designed to give the parties the ability to focus on the issues and do their best negotiating.


14 Community Associations Journal | December 2020


Facilitative mediation requires the parties to enter the process in good faith. In this case, good faith


1. Share All Relevant Information Imagine, for example, that you are negotiating to pay the other party $2,000. But you know that next  the $2,000 debt will never have to be paid. If you  bankruptcy, you are not negotiating in good faith. The other party has a right to full information to make the most informed decision on whether the agreement they are making is right for them.


2. Listen Respectfully and Practice Common Courtesy When emotions run high, it is easy to get into the mode of making side comments, rolling your eyes, tapping your pencil, and other actions that convey disrespect and disgust for the opposing party when they are speaking. Facilitative mediation asks you to put your differences aside at least for the length of the mediation. Take notes if you feel like interrupting so you do not lose your thought. Really listen to what the other party is saying. You might learn something.


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