发表于 2005/5/23 20:11:00
However, traditionally, mediation takes place after a conflict has escalated into a dispute and relationships between the contractual parties are strained. At this stage positions are hardened and resulting either/or attitude prevent the successful and timely resolution of a dispute. Nevertheless, mediation, when used at the appropriate time before the hardening of positions, can “strengthen relationships of trust” and create a win/win outcome, satisfying both parties. There are two types of mediators, facilitative and evaluative. The facilitative mediator does not offer an opinion, believing that to do so might harden the position of the parties, thereby preventing settlement. The evaluative mediator will give the parties his/her opinion on the merits of their case. This can enhance the discussions and chances of settlement. The proposed intervention uses a facilitative type individual