Different Types of Mediation Styles

Are there different types of mediation?
What is the most commonly used form of mediation?
How do I find out what approach a mediator uses?

Are there different types of mediation?
Yes. Three of the most common types of mediation are called "facilitative", "transformative", and "evaluative." Regardless of the differences, 3 core concepts are the same for each of these 3 types of mediation

• The mediator is neutral (s/he does not take sides in the disagreement).
• The process is confidential.
• You and the other side determine the outcomes.

However, the role of the mediator is a bit different in each type.

Facilitative Mediation: Facilitative mediation is based on the belief that, with neutral assistance, people can work through and resolve their own conflicts. In a facilitative mediation, the mediator will take an active role in controlling the "process." Process means things like setting the ground rules for how the problem will be solved. The mediator asks questions to identify the interests of the parties and the real issues in the disagreement. The mediator helps the parties explore solutions that benefit both parties (sometimes called "win/win" solutions). In a facilitative mediation, the mediator does not offer an opinion on the strengths and weaknesses of the parties' cases. The  mediator does not suggest solutions.

Transformative Mediation: Transformative mediation is based on the belief that conflict tends to make parties feel weak and self-absorbed. Transformative mediators try to change the nature of the parties' conflict interaction by 

• Helping them appreciate each others viewpoints ("recognition") and 

• Strengthening their ability to handle conflict in a productive manner ("empowerment"). The mediator will intervene in the conversation between the parties in order to call attention to moments of recognition and empowerment. Ground rules for the mediation are set only if the parties set them. The mediator does not direct the parties to topics or issues. Instead, the mediator follows the parties’ conversation and assist them to talk about what they think is important. The transformative mediator does not offer an opinion on the strengths or weaknesses of the parties’ cases. The mediator does not suggest solutions.

Evaluative Mediation: Evaluative mediation is based on the belief that mediators with expertise in the issues in conflict can help the parties to:

• Assess the strengths and weaknesses of their legal or other positions and 
• Work to achieve settlements. In evaluative mediation, the mediator controls the process and suggests solutions for resolving the conflict. Individual meetings between the mediator and one party at a time (called "caucuses") are a major component of evaluative mediation. The focus of an evaluative mediation is primarily upon settlement. The mediators will make their best efforts to get the parties to compromise, if necessary, to achieve a result.

What is the most commonly used form of mediation?
No one form of mediation is most commonly used. Some mediators prefer to use one approach exclusively in their mediation sessions. (In fact, some programs require that the mediators use only one style of mediation.) Many mediators can, and do, use many approaches. You may find that a mediator uses parts of some or all of the three approaches we discussed above (facilitative, transformative and evaluative).

How do I find out what approach a mediator uses?
This Directory also gives the members a chance to describe their style under the section called Different Approaches to Mediation. Look there first to see if a mediator lists a particular approach. If it is not listed, ask them before selecting a mediator. Discuss what style the mediator uses and what the mediator will actually do.

Source: Mediation and Conflict Resolution Office

About this website. The Maryland State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. The website was developed (1999-2007) as part of an access to justice initiative by the Maryland Legal Assistance Network (MLAN) in collaboration with a number of legal services providers serving low and moderate income Marylanders.  In the absence of file-specific attribution or copyright, the Maryland State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. © Maryland State Law Library, 2007.”

Comments?  

Need help with the legal terms?

Understanding Legal Research