There are many different styles of mediation. Not only is it important to find the right mediator for your case, it is also important to find the right mediation style for your case. Many mediators will use more than one style of mediation.
1. Facilitative Mediation
Facilitative is the most structured and the most utilized style of mediation (Linden). In the 1960’s and 1970’s, Facilitative mediation was the mainstream—the only style taught or practiced. The facilitative mediator “asks questions; validates and normalizes parties’ points of view; searches for interests underneath the positions taken by parties; and assists the parties in finding and analyzing options for resolution” (Zumeta). A mediator using this style is completely neutral. He or she does not give advice, recommendations or opinions (Etcheson 394). Zumeta states that the reason the facilitative mediator does not offer advice, recommendations or opinions is because this style developed when most mediators were volunteers and, thus, were not required to have expertise in the area of the dispute.
Facilitative mediation is widely taught and utilized
today. The process is structured in such a way that the mediator assists the
parties by asking questions; at the same time, he or she validates and
normalizes the points of view of the parties in conflict. However, it is up to
the parties in conflict to arrive at a successful and fair conclusion to the
conflict. In facilitative mediation, the mediator avoids making recommendations
or giving his or her advice, believing that the role of the mediator is simply
to facilitate a resolution. Therefore, the mediator allows the parties to be in
complete control of the outcome.
2. Transformative
Mediation
This newer concept in the field of mediation was
coined in 1994 by Folger and Bush in their book The
Promise of Mediation. As a form of facilitative mediation, transformative
mediation focuses on the values of “empowerment” and “recognition” as keywords,
and parties meet together because it is only through meeting face-to-face that
the concept of “recognition” can truly happen. As with facilitative mediation,
transformative mediation is structured so that the parties are in control of
the outcome and the mediator is a facilitator to this conclusion. The
goal of transformative mediation is not necessarily a decision, but rather
creating a process in which both parties may learn and grow and change –
thereby experiencing some sort of personal transformation of thought or action
because of going through this mediation process.
Transformative mediation is
considered one of the newer styles of mediation. This style was labeled
“transformative” in the book, The Promise of Mediation by Bush and Folger.
While the transformative style still keeps the structure of the facilitative
style, it also seeks to empower each of the parties and encourage each party to
recognize the other party’s point of view. The goal of this style is to
transform the relationship between the two disputants during the mediation
through empowerment and recognition (Zumeta). This style focuses a great deal
on interaction and communication between the disputants (Linden).
3. Evaluative
Mediation
Evaluative mediation
developed in the 1980’s in response to the increased number of court-ordered
and court-referred mediations (Etcheson 394). The evaluative mediator
intervenes in the mediation more than the facilitative mediator by making
recommendations or providing opinions as to what might occur should the case go
back to court (Zumeta). Evaluative mediation is often used when money is an
issue in the dispute. The evaluative mediator often has some expertise “in the
substance of the dispute and applies his or her knowledge to offer an opinion
of the merits of the case. This evaluation can either apply to the legal issues
or factual issues, be they financial, engineering related or otherwise”
(Russell). A mediator using this style may also point out strengths and/or
weaknesses of the positions proposed by each side of the dispute.
Evaluative mediation as a style of mediation was
developed out of court-mandated mediation and is a process that is patterned
after the typical settlements held by judges. A mediator who practices
evaluative mediation helps the parties in conflict arrive at a resolution by
showing them the weaknesses in their case and evaluating what a judge or jury
would be likely to decide if the case were brought to litigation. Focusing on
legal rights of the parties instead of “fairness”, an evaluative mediator will
likely meet with each party and their attorney in separate meetings. The
process of evaluative mediation usually involves a point-by-point evaluation of
cost vs. benefits in deciding to pursue legal action in a case, and because of
this, most evaluative mediators are attorneys.
4. Directive
Mediation
Directive mediation is a subset of evaluative
mediation that relies on a person bringing expertise in a particular field to
meet with disputants and encourage them to negotiate. This expert also collects
alleged facts, evidence and arguments, and gives information, opinion and
advice. The expertise of the directive mediator may be for example in:
farming, building, business economics, child development, or some
specialization of “law”. Directive mediaion has also been called “advisory”
mediation.
5. Narrative
mediation
The last style to be described is Narrative mediation. Narrative mediation
“borrows much of work from narrative therapy” (Billikopf-Encina, “Narrative
Mediation…” 100). This style of mediation presupposes that people become caught
in the conflict cycle because they see themselves as being bound to it. A
mediator using this style gets the parties to view the conflict from a
distance, through story telling. After they finish with the story, the parties
work with the mediator to create a new story where the conflict is replaced by
an agreement leading to resolution. The goal is to get the parties to detach
themselves from the conflict (101). Linden states that this style works well
when the disputants have an on-going relationship past the mediation.
Narrative mediation is a relatively new style of mediation
that focuses on creating a new "story" or a new "narrative"
to understand and reshape the conflict. Narrative mediation is a very specific
method of mediation so be sure to ask if your mediator has training in the
narrative style. Often narrative mediators will have a mental health background.
6. Concord Mediation
Concord Mediation fully subscribes
to the fact that the best resolution is one that the parties can easily sign up
to in terms of it being “their own” but also recognizes that we have a role in
suggesting feasible outcomes and helping parties to consider options that might
not otherwise have arisen. Mediate Ireland, adopting the concord approach comes
from a position that most disputes, not all, can be resolved in a short period.
A single day is our point of reference – but always making due allowance that
it may take a bit longer, or even be concluded within a shorter period of
hours. Concord Mediation seeks to bring the best practices of the evaluative, facilitative
and transformative methods into a structured process that can be complied with
and followed throughout such a specific time period. Thus can resolution be
achieved very quickly and cost effectively.
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