Types

types of mediation

While these types exist as primary types in different arenas, they are not mutually exclusive.  The ability of a mediator to adapt to the different styles and to incorporate a bit of each style into the process is important to the outcome of the process.

1.  Facilitative Mediation

The focus is on the interests of the parties rather than their positions.  Facilitative mediation is problem-solving orientated with a written agreement as the hopeful conclusion.  The participants decide their interests and solutions, eventually forming the agreement.  The mediator provides the safe environment and assists in the communication process by framing the issues.  Justice court mediations are strictly facilitative.

2.  Evaluative Mediation

Mediators take a directive role in settling problems by identifying each side’s position and challenging the viability of each position so that both sides will make concessions.  It is a positional method of bargaining and is used most often by legally trained advocates.  The REALTOR(R) method is more the evaluative system, but does have some aspects of the facilitative type.

3.  Transformative Mediation

This method of mediation is based on the premise that disputes are opportunities for growth and transformation.  In this type of mediation (used most often in divorce, child custody, workplace, victim/offender) the mediator is concerned with the goals and options of the parties as they work through the process.

4.  Directive Mediation

A newly evolving type of mediation.  Instead of being totally facilitative within the mediation process, the mediator listens, watches, and takes more of a roll as the session finds itself closer to solution.  It falls somewhere between facilitative and evaluative.

HOW WE DO IT:

Acting as third party neutrals, we help parties in mediation to create their own solutions rather than telling them what to do. This is considered the “transformational” method of mediation.

Addressing conflicts through mediation usually takes less time and costs less money than litigation. Working in two hour blocks of time, we assist you in talking and listening to each other about what is important to you. Sometimes results can be accomplished in one session, but more than one session is usually required.

Each party in mediation is given the chance to make decisions that are acceptable to all concerned and to decide what to do next. This process fosters empowerment and the opportunity to be recognized and heard. It allows each party to maintain greater control over their lives. The result is often a better understanding of their situation. Compliance with agreements is recognized for being higher than with court imposed judgments. For example, although most are doubtful before they start, two thirds of couples who mediate in divorce or custody cases reach agreement on some or all issues.

A primary benefit to using mediation is privacy. We maintain strict confidentiality in mediation so that the parties can avoid public disclosure of sensitive information in the courts.

If decisions are made in mediation, we recommend that you review these decisions with an attorney. Because we are acting as third party neutrals, we cannot give legal advice to either party. Upon completion, we provide you with a written agreement, or Memorandum of Understanding, to be signed by each participant. This memorandum may be shared with attorneys or the court system. When a judge reads and signs your agreement, it will be entered as an enforceable order of the court.

In mediation, you can shape a future that works for you. Schedule your mediation today!

ADVANTAGES TO MEDIATION

Mediation can be used to address almost any kind of dispute, including:

Domestic Disputes * Workplace Disputes * Neighbor Disputes * Civil and Small Claims Disputes *Merchant/Consumer Disputes

Mediation is Quick, Affordable, Empowering, Collaborative, Effective, Private, and Informal.

Cost (minimum 2 hours sessions, payable in advance): Konstanz $175/hr. and/or Kathy $100/hr.

Before you choose a mediator or mediation service, ask for their “type” of mediation.  Mediation is not based on laws and such.  Mediation is the time to sit down, communicate the issues, try to find common ground, and move on.

Kathy Howe