Mediation is a method of conflict resolution that has gained popularity in recent years. It involves the use of a neutral third party, known as a mediator, to help disputing parties come to a mutually acceptable resolution. Mediation is often preferred over litigation, as it is less time-consuming, less expensive, and allows for a more cooperative and collaborative approach to resolving conflicts.

One of the reasons mediation has become so widely used is because it offers a variety of styles that can be tailored to suit the specific needs of each dispute. These styles vary in their approach and techniques, but ultimately share the goal of facilitating a peaceful and sustainable resolution. In this article, we will take a closer look at the three most commonly used styles of mediation.

1. Facilitative Mediation

Facilitative mediation is perhaps the most well-known and widely used style of mediation. This style is focused on promoting effective communication between the parties involved in the conflict, with the mediator acting as a facilitator. The mediator’s role is to guide the discussion, ask questions, and assist the parties in identifying and understanding underlying issues. The mediator does not offer any opinions or solutions, but rather helps the parties themselves come up with a resolution that meets their needs.

Facilitative mediation is highly specialized and requires a skilled mediator who is trained in techniques such as active listening, summarizing, and reframing. Through these techniques, the mediator helps the parties to identify their goals, interests, and concerns, and encourages them to find common ground and explore potential solutions. This style of mediation empowers the parties to take ownership of the process and come up with solutions that are mutually beneficial.

For example, in a dispute between two neighbors over a loud dog, a facilitative mediator may ask questions such as “What is important to you about having a quiet neighborhood?” and “What is important to you about having a pet?” This allows the parties to express their underlying interests, and potentially find a solution that satisfies both parties, such as setting specific times for the dog to be outside or using soundproof fencing.

2. Evaluative Mediation

Evaluative mediation is a more directive style of mediation, where the mediator offers their own opinions and makes recommendations for a resolution. This style is commonly used in cases where there is a significant power imbalance between the parties, and where the parties are unable to reach a resolution on their own.

In evaluative mediation, the mediator may point out the strengths and weaknesses of each party’s arguments and provide their professional opinion on the likely outcome if the case were to go to court. This can often push the parties towards finding a settlement that is in line with the mediator’s evaluation. This style is often used in commercial and business disputes, where there may be complex legal and financial considerations.

For example, in a contract dispute between a company and a contractor, an evaluative mediator may review the contract and provide their opinion on whether the contractor has fulfilled their obligations according to the terms of the agreement. This can help the parties understand the risks and potential outcomes of pursuing litigation, and may lead to a settlement that is fair to both parties.

3. Transformative Mediation

Transformative mediation is a relatively new style that focuses on restoring the relationship between the parties, rather than just resolving the immediate conflict. This style recognizes that disputes often have a deeper emotional dimension and aims to empower the parties to change their own perceptions and communication patterns to improve the quality of their relationship.

The transformative mediator encourages the parties to listen to each other’s perspectives and understand each other’s needs and concerns. This can lead to a shift in the dynamics of the relationship and result in a resolution that not only addresses the immediate conflict but also allows the parties to move forward with a better understanding of each other.

For instance, in a dispute between co-workers over a project allocation, a transformative mediator may help the parties to address any underlying resentment or tension that is affecting their communication and work dynamic. Through open and honest communication, the parties may be able to find a solution that not only resolves the immediate issue but also improves their working relationship.

In conclusion, mediation is a versatile and effective method of conflict resolution that offers a range of styles to suit different types of disputes. Whether it is facilitating communication, offering evaluations, or promoting transformation, the goal of all mediation styles is to assist the parties in reaching an acceptable resolution. By understanding these different styles, parties can choose the most appropriate approach for their specific dispute and increase the likelihood of a successful outcome.