Mediation Styles

Mediation Spectrum

We match each case with a combination of the most appropriate mediator, mediation style, and mediation model. 

Facilitative Mediation

We use Facilitative mediation. While some cases require us to switch or combine, but this our default style. 

The mediator manages negotiations between the parties.  This may include discovery each parties' interests, concerns, and vision of settlement.  No decision is dictated by the mediator or either party, and recommendations by the mediator come from reality checking ideas. No opinion of the dispute itself is rendered. 

Transformative Mediation

When using this style, mediators play a clarifying, facilitative role. They concentrate on transforming conversation between the parties, manage emotions, and provide little to no direction. These mediations can take more time, but significant change is possible. The goal is not an agreement or settlement (although either are acceptable), but rather internal shifts in the parties toward one another and the dispute between them.

Directive Mediation

The mediator "directs" the parties to where s/he thinks they should go. This may not be in a straight line as the mediator may want to touch on some peripheral items. S/he is likely to provide recommendations, opinions, and guidance toward settlement.

Evaluative Mediation

Similar to Directive Mediation, yet with the mediator having content expertise. As the name suggests, the mediator evaluates the merits of the case, which may include heavy amounts of data (finance, contract terms, legal, etc.). The parties' personal or business interests are not heavily considered--but not totally ignored. 

Combination

This is the most common "style", although it's more of a continuum than a style itself. The mediator may lean one way during one portion of the mediation, and then the other later on, and then another as required. Sometimes, parties can choose which style, but most often the mediator knows which is better for the case. 

Mediation-Arbitration

Basically, this is when a mediator hears all sides and the parties cannot reach an agreement, so the mediator switches into an arbitrator's role and renders a binding decision. Parties agree before hand that this is an option for the mediation and the mediator.

Arbitration-Mediation

Almost the reverse of Med-Arb. The arbitrator hears all sides and renders a decision, but it is sealed and not made known to the parties. A mediation session ensues. If the mediation does not reach an agreement, the sealed decision is opened and applied. Parties agree before hand to this style. 

Mediation Models

These roughly describe how a mediation proceeds and operates.  

Dual Mediator

Instead of a single mediator, two are assigned. Most common in domestic cases. Provides increased focus and note taking

Shuttle Diplomacy

Parties are in separate rooms and the mediator travels back and forth delivery communications. Used in various circumstances

Caucus

Parties meet in same room, but mediator asks to speak with them separately and in private. Used for various reasons.