When couples choose mediation for their divorce, they often assume all mediators offer a similar experience. In reality, there are three distinct styles of mediation, each with its own approach, goals, and outcomes. The type of mediation your professional is trained in can significantly influence your experience, so it is important to understand the differences before choosing a mediator.
The three primary styles of mediation are facilitative, evaluative, and transformative. Here’s what sets them apart.
Facilitative Mediation
Facilitative mediation is the original model, developed in the 1960s and 1970s. In this approach, the mediator creates a safe and structured environment where both parties are encouraged to speak openly and honestly. The mediator asks thoughtful, strategic questions designed to uncover underlying concerns, interests, and emotions.
Rather than offering advice or recommendations, a facilitative mediator helps the couple find their own solutions. Most sessions are held with both parties present, though mediators may also speak privately with each person when needed.
Traditionally, facilitative mediators did not need a background in the specific area of dispute, so many early practitioners were not family law attorneys. While that is still sometimes the case, more and more attorneys are incorporating this style into their practice as it promotes collaboration and long-term resolution.
Evaluative Mediation
Evaluative mediation is more closely aligned with the legal system and often resembles a judicial settlement conference. This style is more directive. The mediator may identify weaknesses in each party’s legal position and provide an opinion on how a judge might rule based on the law. The focus is less on emotional concerns or mutual understanding and more on achieving a legally sound resolution.
Evaluative mediation often takes place with parties in separate rooms, and the mediator moves between them to convey offers and feedback. This “shuttle” style allows the mediator to make recommendations and guide the parties toward settlement. It is commonly used in cases that are already moving through the court system and where the goal is to avoid trial through a negotiated agreement.
Transformative Mediation
Transformative mediation is the most recent development in the field and was introduced in the 1990s by Baruch Bush and Joseph Folger in their book The Promise of Mediation. This style focuses on empowering each party and encouraging them to recognize and understand each other’s perspectives, values, and needs.
Like facilitative mediation, transformative mediation supports self-determination. The mediator takes a less directive role and allows the couple to lead the process and shape the outcome in a way that feels right for them. This approach emphasizes personal growth, mutual respect, and long-term communication, even beyond the divorce.
Choosing the Right Style for Your Divorce
If your goal is to have a more respectful and amicable divorce, both facilitative and transformative mediation support that intention. They prioritize the needs and voices of each party, helping couples reach agreements that reflect mutual understanding rather than legal pressure.
Understanding the differences between mediation styles is essential before you begin. Asking your potential mediator about their training and approach can help you choose the path that best aligns with your goals, values, and vision for the future.