Our Mediation Style
Mediation, such as existed in the past, was typically of the evaluative type, especially if court-administered.
Now we and other trained mediators from outside the court system almost exclusively use a mainly facilitative method - the mediator structures the process to assist the parties in reaching a mutually agreeable resolution; focus is on the interests of the parties, rather than their positions; the mediator is typically reluctant to render opinions on legal issues or precise settlement advice. A mixture of joint sessions and caucuses (private sessions) is the standard procedure. This means that ideally three rooms should be available, one for joint sessions and one for each of the parties.
Mediation in Sweden was typically performed with one mediator only. However,
co-mediators have become increasingly common and this method is in fact in most cases preferable.
Normally the ultimately responsible person on either side is assisted by no more than one person, typically an experienced business lawyer. Additional people may be useful to have available over the phone or in an adjacent room.
