Types of Mediation
There are various approaches adopted towards mediation around the world,each with its unique characteristics and emphasis. Four most commonly adopted types are the following:
Facilitative Mediation
This type mediation was widely practised in the early days of the development of mediation in Northern America in the 1960s-1970s. In facilitative mediation, the mediator primarily facilitates communication between the parties. The focus is on helping them identify issues, explore options, and reach a mutually acceptable agreement. The mediator does not provide solutions but guides the process, whereby the parties are meant to find the best solution for their situation based on their knowledge.
Evaluative Mediation
In evaluative mediation, the mediator takes on a more active role in evaluating the legal aspects of the dispute. They may provide opinions on the strengths and weaknesses of each party’s case and suggest potential legal outcomes. The goal is to assist parties in reaching a settlement based on legal considerations. In evaluative mediation, the mediator may analyze legal issues, assess the likely outcomes in court, and offer suggestions for settlement based on their evaluation of the case. This approach is often used in disputes with complex legal issues or when the parties prefer a mediator who can provide a more direct and evaluative role in the resolution process.
Transformative Mediation
This type of mediation is associated with the work of Robert A. Baruch Bush and Joseph P. Folger. Transformative mediation seeks to empower parties and transform their relationship. Supporters of this type of mediation believe that the disputing parties are the best able to decide on the resolution. The mediator encourages the parties to communicate and make decisions independently, with the aim of enhancing their understanding of each other and promoting personal growth. Transformative mediation is often contrasted with other mediation models, such as evaluative and facilitative mediation and nowadays is used in various settings, including family disputes, workplace conflicts, and community disputes
Narrative Mediation
The core idea of a narrative mediation is that individuals construct their understanding of events and conflicts through the narratives or stories they create. That is why this type of mediation focuses on the stories and narratives that individuals construct around a conflict. Narrative mediators work with parties to help them explore and reshape their stories in a way that promotes understanding, empathy, and resolution.Narrative mediation is particularly useful in cases where emotions are high, and parties have entrenched positions. By exploring and reshaping the stories people tell about their conflicts, narrative mediation aims to create a more constructive and collaborative space for resolving disputes.
These types of mediation processes can be adapted and combined based on the specific needs of the parties and the nature of the dispute. The effectiveness of each approach depends on factors such as the complexity of the issues, the relationship between the parties, and their willingness to engage in the process.
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