What are the types of mediation?

When asked about the type of mediation, we usually answer that we know civil, commercial, criminal, family mediation, etc.

However, the easiest way is to classify mediation taking into account various aspects, e.g.:

  • Legal aspect
  • Mediation model
  • Communication mode
  • How to initiate the mediation process

Taking into account the legal classification, we have the following types of mediation:

  • civil – all disputes to which the Civil Code applies and which may be the subject of a case in the Civil Court. These are, for example, disputes between the customer and the company, claims for payment, etc.
  • economic – these are disputes that may be the subject of a case in the Commercial Court, i.e. conflicts between business entities resulting, for example, from improper performance of obligations under the contract or unfair competition.
  • social – mediation of conflicts between various social groups, e.g. neighborly disputes, conflicts between residents and a public institution, etc.
  • criminal – mediation between the suspect (accused) and the victim, which is allowed by the Code of Criminal Procedure
  • labour – these are conflicts that would go to the Labour Court. Of course, they concern employee / personnel matters.
  • family – conflicts that would be the subject of a dispute in the Family Court. These are typical disputes regarding divorce, alimony, establishing contact with a child, etc.
  • peer/school – is a method of resolving conflicts among children and youth at school, care and educational institution or resocialization.
  • cross-border – mediation processes concerning international and intercultural matters. The simplest example is mediation, where two parties to a dispute live in different countries or speak different languages.

Looking at the model of mediation, we can distinguish:

  • Facilitative (classical) – the role of the mediator in this type of processes is limited to providing clients with space for talks and supporting the parties in their efforts to obtain a mutually satisfactory solution.
  • evaluative (evaluative) – here the role of the mediator goes beyond the framework of classic mediation. Here, the mediator can help in developing a solution, by evaluating the ideas proposed by the parties or even suggesting certain solutions.
  • transformative – mediation processes not aimed at resolving a specific dispute, but rather at changing the nature of relations resulting from the conflict.

Starting from the communication side, we can distinguish:

  • direct, i.e. a meeting of the parties in the presence of a mediator.
  • indirect when the parties are not ready for the meeting. Then the clients meet individually with the mediator, and this mediator gives them proposals for solutions. It is possible to reach an agreement and conclude a settlement without direct contact.
  • Mediation using modern communication techniques (e-mediation) – you can also mediate by phone, e-mail or using modern tools such as platforms for organizing videoconferences / virtual meetings.

Taking into account who is the initiator of mediation, we can divide them into:

  • judicial – here the parties are referred to mediation by a judge.
  • out-of-court (private, commercial) where the parties find a mediator and use his help before the case goes to court.

Source: https://poradniknegocjatora.pl/rodzaje-mediacji/

Region Gdański NSZZ „Solidarność”

Projekt otrzymał dofinansowanie z Norwegii poprzez Fundusze Norweskie 2014-2021, w ramach programu „Dialog społeczny – godna praca”.

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