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Different Approaches to Mediation.

Posted on 06/12/2015 · Posted in Mediation

Disputes that are going to be settled through mediation usually go through the following five stage process: the initial phase, the opening phase, the exploration phase, the negotiation phase, and finally the settlement or concluding phase. However, within this fairly structured process there are many different approaches to mediation itself, some of which are set out below.

Facilitative Mediation

Facilitative mediation is the original mediation approach, based on the mediator facilitating the negotiation between parties with the aim of reaching a long-lasting agreement. In facilitative mediation, the mediator asks questions, summarises positions and generally assists the two parties in coming to a resolution based on the information available. The mediator leads the process, but the parties are responsible for agreeing the outcome with the mediator’s help.

The aim of argument, or of discussion, should not be victory, but progress”
Joseph Joubert

Evaluative Mediation

In evaluative mediation, the mediator has a much greater part to play in determining the outcome of the mediation and the primary focus is to reach a quick deal. The mediator may make recommendations to each party, and the mediation approach is based much more on evaluating the legal position of each party.

Transformative Mediation

Transformative mediation is a relatively new approach based on the concept that the two parties’ relationship may be transformed during the mediation process. Like facilitative mediation this approach also empowers the parties to come to their own resolution, however parties also structure the mediation process (as well as the outcome) in this approach.

These are the three main approaches to mediation and each one is valid, offering its own unique pros and cons. Facilitative and transformative mediation approaches are often taken to help empower participants to take responsibility for the resolution of the dispute, while evaluative mediation helps parties understand their legal position. In reality, experienced mediators will probably use a combination of these styles depending on their individual approach as well as the specifics of the case and parties involved.

At Expert Evidence all our experts are trained in all mediation approaches and have a wealth of experience in mediating successfully across multiple industries. Meet our Experts.

Expert Evidence Limited is a professional firm concentrating on the four main areas of dispute resolution; acting as expert witnesses in financial litigation, mediation, arbitration and adjudication. The firm has a civil, criminal and international practice and has advised in many recent cases. Areas of specialisation include banking, lending, regulation, investment, and tax.

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Disclaimer – Please confirm any of the above views with your solicitor. Expert Evidence takes no responsibility or provides any guarantee that the views above are correct for your particular case or jurisdiction.