What is the difference between commercial mediation and community-based mediation? |
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Mediation in commercial and community-based mediation should be conducted with full respect for the same rules and principles of neutrality. A mediator always stays out of content, does not provide solutions and keeps the process flowing. Mediation is focused on the future and allows the parties to move forward after they have resolved their issues.
Communities, as a rule, have a huge need to maintain or to rebuild good lasting relationships. Although important, this is not a rule in commercial disputes, which often focus on solving the issue in question.
In commercial mediation, the focus is on the interests of the parties and the whole process is usually lead with the application of interest-based negotiation steps, which might deal with the dispute and the hidden interests parties have in the particular issue.
The focus of community-based mediation is often at a deeper level of needs. The parties usually express their need to address the deeper issues, so that the resolution not only deals with the dispute but creates a solid basis for a more harmonious future relationship. It should be noted that the principles of community-based conflict resolution also apply to conflicts between two individuals, whereby the deeper process enables the individuals to also have a stronger future relationship.
The practice in commercial mediation systems, which are often court-related (in or out of court) also differs. There are practices in some systems where the mediation is actually conducted with only the opening and issue identification steps of mediation involving joint sessions. The rest of the process is conducted mostly through separated sessions (caucuses) with the mediator being an intermediary in communicating from one side to the other until they reach an agreement. In community mediations, caucuses are allowed and do happen when needed, but mediation normally takes place with all being involved and present in the same room.
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