What mediation style do you need?

 

Often, too little thought is given to the mediation styles that mediators practice.  It is important for users of mediation services to select a mediator with a style or number of styles that meet the needs of their specific case – right both for all the parties involved and for the situation that needs to be resolved.  But, as in the choice of any professional service, you first need to identify your likely needs and then ensure your choice of a professional meets those needs.

Essentially, there are two – and rather different – mediation styles: Facilitative and Evaluative

Facilitative Although a facilitative style is commonly regarded as the most mainstream form of mediation, it is not unusual in a mediated dispute that evaluative competencies are applied by the mediator at different moments and in differing measures.  Many mediators shift easily from one style to another according to the needs of the situation.  But some facilitative mediators prefer not to be evaluative unless they are specifically asked by the parties.

If the most important tasks are to overcome communication blockages, identify hidden obstacles, develop options for mutual gain, and help the parties think creatively and enable an agreement to be reached, the parties probably want a facilitative mediator.

Evaluative If the parties perceive that there will be a need for the mediator to break deadlocks by giving non-binding opinions, asking hard questions, making comments about the facts and the law of the case, guiding the parties in other more directive ways, or helping set guidelines for a settlement based on objective norms (such as Industry standards, law, etc.), they will probably want a mediator who is able to be evaluative.

It helps if the parties discuss these issues before narrowing the search for a mediator or a Mediation Provider and then discuss the styles wanted with short-listed mediators.  Agreements to mediate can also reflect style issues – for example the inclusion of a paragraph confirming the parties’ expectation that the mediator will be asked to give a non-binding view or evaluation if a deadlock is reached.

 

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