Types of Mediation

By Harinder S. Gahir
Lawyer, Mediator and Arbitrator
Former Chairperson CCP Review Tribunals
Former Vice Chair, Licence Appeal Tribunal, Ontario

Although not set in stone, there are three types of meditation processes that have gained prominence over the past 30 years. Below is a high-level summary of Evaluative, Interest-Based/Facilitative and Transformative Mediation Strategies.

Mediation Advocacy

Part I

Overview

Mediation has become an indispensable and highly useful tool for lawyers in civil litigation. There is an increasing evidence, including empirical, that mediation often saves substantial time and money and produces results that are satisfying to the litigants. In some cases, these results would not have been attainable in a trial.1 Lawyers regularly appear in mediations as advocates for their clients. In my experience, most lawyers take an adversarial approach to a negotiation, as if they were representing their clients at a trial.