Various Approaches to Mediation
Discover 3 Mediation Approaches: Facilitative, Evaluative & Transformative
Mediators typically use one of three main approaches—facilitative, evaluative, or transformative—depending on the needs of the parties and the nature of the dispute. Here’s how each method works:
1. Facilitative Mediation: Encouraging Open Discussion & Mutual Decision-Making
The 411: Facilitative mediators act as neutral guides, helping the parties communicate effectively to reach their own mutually acceptable resolution. Instead of offering opinions or making recommendations, the mediator focuses on asking questions, clarifying issues, and encouraging productive dialogue.
Key Features:
- The mediator does not suggest solutions or evaluate legal positions.
- Focuses on improving communication and fostering understanding.
- Parties retain full control over the outcome.
Often used in family law, divorce, and interpersonal disputes where maintaining relationships is important.
Best For:
- Couples who want to collaborate and find their own solutions.
- Situations where communication breakdowns exist but resolution is possible with guidance.
2. Evaluative Mediation: Legal and Practical Guidance from the Mediator
The 411: Evaluative mediators take a more directive approach, assessing the strengths and weaknesses of each party’s position and sometimes making recommendations. This approach is similar to settlement conferences led by judges or attorneys.
Key Features:
- Mediator provides opinions on the legal merits of arguments.
- Focuses on likely court outcomes to guide settlement discussions.
Often used in high-conflict, complex legal disputes, including high-asset divorces or business-related divorces.
Best For:
- Cases where parties want expert legal insight to guide negotiations.
- Situations where both sides are far apart and need a reality check on legal risks.
- Cases with strong legal implications, such as asset division or spousal support disputes.
3. Transformative Mediation: Empowering Parties & Strengthening Relationships
The 411: Transformative mediation prioritizes personal growth and relationship improvement while resolving a specific dispute. The mediator helps empower each party to express their needs and recognize the other party’s perspective, fostering long-term change.
Key Features:
- Focuses on empowerment and mutual recognition rather than just reaching an agreement.
- Mediator encourages self-reflection, improved communication, and relationship rebuilding.
- Commonly used in co-parenting disputes and emotionally charged divorces.
Best For:
- Divorces where ongoing cooperation (e.g., co-parenting) is necessary.
- Situations where emotions, misunderstandings, or past trauma affect communication.
- Couples who want to improve their dynamic beyond the immediate divorce issues.
Which Approach is Best for You?
The right approach depends on the needs of the couple and the complexity of the case:
- Facilitative: Best for amicable divorces, fostering cooperation.
- Evaluative: Best for high-conflict divorces, when legal clarity is needed.
- Transformative: Best for co-parenting situations, where relationship healing is crucial.
Many mediators use a blended approach, adjusting their style based on the situation. If you’re considering mediation, it’s helpful to ask your mediator about their method to ensure it aligns with your goals.