Some Different Styles of Mediation
Mediation actually comes in several different flavors, and it’s worth considering whether a particular style of mediation is a good fit for your dispute. There are also a lot of different processes called mediation in law and dispute resolution, and they’re all surprisingly different. This post will explore some of those differences and talk about which styles work well for what kind of problems. Note that these are pretty broad categories, and of course different practitioners in the same system will have individual differences as well.
First, let’s talk about day-of-court mediation, which is often the only type that people have much exposure to. This is a good example of what’s often called evaluative mediation, in which the mediator takes a more active role in the process. The mediator may offer their own opinions or solutions, and they may pressure the parties to reach an agreement. Evaluative mediation can be helpful in situations where the parties are unable to come to an agreement on their own, and is more or less obligatory in family law or housing court dates in California. The actual mediations in the court house, or virtually as part of a court proceeding, tend to be rushed and somewhat contentious. This is not what we usually offer, but can be a good and quick solution if you have a case that’s stuck on one or two rather specialist points.
More commonly offered out of court is facilitative mediation, in which the mediator's role is to help the parties communicate effectively and to facilitate the negotiation process. The mediator does not offer their own opinions or solutions, and they do not pressure the parties to reach an agreement. They do, however, track and help iron out any agreements the parties come to. In facilitative mediation the parties are generally addressing the mediator, not each other, and there’s more of an emphasis on settling the dispute than trying to get terribly deep into the relationship between the parties. '
Increasingly offered for smaller scale disputes or via neighborhood organizations is what’s called transformative mediation, a newer style of mediation that focuses on helping the parties to understand each other's perspectives and to build, or re-build, a relationship. Like in facilitative, the mediator does not offer their own opinions or solutions, and they do not pressure the parties to reach an agreement. Transformative mediation can be helpful in situations where the parties have a long-term relationship and want to resolve their conflict in a way that preserves the relationship, and so can be well suited to things like an entirely uncontentious divorce with children involved, or a dispute over a tree or property line between neighbors who intend to keep living next to each other. In transformative mediation, it’s much more common for the parties to address each other directly, with help and guidance from the mediator.
A simpler way to remember the difference is to imagine a situation of escalating seriousness. If two romantic partners are having trouble figuring out respective responsibilities in the house they bought together, transformative mediation would be a great place to start. If the relationship has failed and the parties need to figure out how to sell and split the house, facilitative mediation would be a better choice. If one of the parties has a restraining order against the other, most likely they’ll be doing some evaluative mediation, at a remove from each other.
Unfortunately a lot of mediation organizations only do one style, and tend to come to believe that most if not all problems can be handled with that style. We haven’t found this to be true, and frankly feel it leads to either a lot of very selective case intake, or just a lot of gate-keeping. We have mediators trained in several different styles, and take pride in being able to fit the style to the dispute. If you have a complicated issue, particularly if you haven’t found a good mediator after a few tries, consider giving us a call.
