Are There Different Types Of Mediation?
Yes. The role of the mediator is a bit different in each type and most mediators utilize a combination of these types. Facilitative Mediation: In a facilitative mediation, the mediator will take an active role in controlling the “process.” 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. 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 mediators try to change the nature of interaction by a) helping each party appreciate each others viewpoints; and b) by strengthening each party’s ability to handle disagreement in a productive positive manner. 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
Yes, the four most common types of mediation practiced in Maryland are called “analytical”, “facilitative”, “inclusive” and “transformative”. • 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
There are three basic approaches to mediation. First, there is the Transformative approach where the parties control both the process and the outcome. This can be very confusing or stressful if you do not have a good deal of experience in mediation. Even professional mediators often have trouble with this approach when mediating their own disputes. Second, there is the Directive approach where the mediator controls the process and to a great degree the outcome. In this approach, favored in some commercial settings, the mediator takes a more active role in recommending solutions and/or giving legal advice. And then there is the Process Controlled approach, in which the mediator controls the process in order to create an environment of safety in which problems can be solved, but the parties control the outcome. This is the approach which I personally favor. It lies between the extremes of the other two approaches. You should also be aware that there are two basic kinds of mediation sessi
