Selecting a Personalized Mediation Style

Bunmi Awoniyi, September 10, 2010

Mediation refers to a vast array of dispute resolution methods, which can range from positional caucus styles to more intimate, client-driven styles. Such a wide variety of methods available may seem overwhelming at first. However, you can have a better understanding of what mediation style fits your needs by considering the following pointers:

1. Determine whether the mediator is facilitative or evaluative. Facilitative mediators typically concentrate more on factually educating clients. The mediator typically considers the beliefs and values of the client, incorporates legal information necessary for clients to make informed decisions, and refrains from giving an opinion on how clients should resolve their situations. In contrast, evaluative mediators focus on the legal aspects of the situation and generally work toward a "legally just" outcome.

2. Determine whether the mediator employs a positional or interest-based bargaining model. The more familiar of the two is positional bargaining, which involves deciding what the client wants and then maneuvering to get it. In interest-based bargaining, however, the mediator asks clients particular questions-such as, does the house symbolize to you security, a good investment, etc.-to help them see the bigger picture of their worry and well being. Once clients are better able see this bigger picture, the mediator can then introduce clients to a variety of fitting options.

3. Determine how long the mediator litigated prior to becoming a mediator and whether he or she believes the law should control the outcome. Whether one desires a more quasi-court situation or wishes to avoid a purely legal environment will determine what you decide to do with the mediator's response.

4. Determine whether or not the mediator requires clients to have a consulting attorney. Typically, the more legally-oriented mediators call for consulting attorneys. To help align the appropriate mediation style with your strengths, it is also advisable that beforehand you consider the personalities of you and your spouse, your communication methods, and the present level of conflict in your circumstances. Starting with this willingness to work collaboratively with all parties involved will thus allow you to receive the optimal benefits the mediation process offers.

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