Negotiation Styles in Mediation
by Frederique Kwantes
The three leading negotiation styles
Mediation is a well-known Alternative Dispute Resolution mechanism. It is mainly used for cases such as divorce and disputes between family members, neighbors, etc. When two parties are in conflict but want to avoid spending too much time and money on the conflict mediation is much more favourable than going to court. Furthermore, mediation is not binding on the parties involved. Within mediation, there are different styles in order to facilitate to your specific needs. Here you will find the three most common negotiation styles.[1]
Facilitative Mediation
The facilitative mediation style is the original style of mediation. In this style, the mediator is neutral and therefore does not give personal opinions on the conflict. It is the least interventionist negotiation style and the goal in this style is to reach a settlement that both parties can agree on with the mediator ensuring both parties to voice their perspectives on all aspects regarding the issue. In this model it is also very important that the mediator puts the focus on the parties’ voicing their “interests” in the conflict instead of their “position” in the matter. The mediator will mostly meet with the parties in a joint session this is mainly to ensure that the mediator stays neutral while facilitating the discussion and steering the conversation so as to achieve a settlement that is favorable for all parties involved. Basically, in this style, the mediator directs the process and the parties are in charge of the settlement.[2]
Evaluative Mediation
In evaluative mediation, which came from court-mandated mediation, a mediator will evaluate the strengths and weaknesses of both parties’ cases and predict what a judge will likely do. Via this style, a settlement is reached by inserting the opinion of the mediator in the process. In this style, a mediator could also be called an interventionist. This is due to the fact that during the process the mediator will offer options at any moment when valid. The mediator will also direct the settlement in such a way that they believe is best to avoid injustice. As opposed to the facilitative style, in evaluative mediation, the focus lies upon “positions instead of “interests” in the conflict.[3]
Transformative Mediation
Transformative mediation is a newer style compared to the two mentioned before. It can also be referred to as the empowerment and recognition model. When compared to other styles, this one is viewed as a more facilitative style as opposed to a more interventionist one. In this process, the mediator assists the parties involved to make choices by themselves that will help them resolve the dispute in an appropriate manner. In this style, it is very important to give both parties the freedom to make decisions independently in order to solve the dispute in a more self-reliant way. In this style, the mediator’s most important task is to disclose all the relevant information to both parties and to exhaust and/or consider all options and recommendations before making any final decisions.[4]
Depending on the type-nature of conflict you’re having, these styles may all facilitate to certain needs. It is therefore important to consider which style fits your needs best and fits the type of conflict at hand. Even though the styles can at times seem similar, there are distinct differences which can be vital when choosing the style with which you want to approach each dispute.
[1] Katie Shonk, ‘Types of Mediation: Choose the Type Best Suited to Your Conflict’ (Harvard) <https://www.pon.harvard.edu/daily/mediation/types-mediation-choose-type-best-suited-conflict/> accessed 4 May 2020. [Please, add full citation]
[2] Samuel J. Imperati, ‘The Intersection of Ethics and Stylistic Practices in Mediation’ (1994) 4. <https://www.mediate.com/ICM/docs/Willamette%20Law%20Review%20Excerpt.pdf>
[3] Iibid 5.
[4] Iibid 5-6.