Transformative mediation agreement to mediate form

Mediation has become an increasingly popular method for resolving disputes outside of the courtroom. It offers parties a chance to work together to find mutually acceptable solutions with the help of a neutral third party—the mediator. However, not all mediations are the same. Different styles of mediation can significantly impact the process and outcomes. Three common styles are facilitative, transformative, and evaluative mediation. Understanding these styles and selecting the right one for your dispute can make a substantial difference in reaching a satisfactory resolution.

Facilitative Mediation

Facilitative mediation is perhaps the most well-known and traditional form of mediation. In this style, the mediator acts as a guide, helping parties communicate effectively and understand each other’s perspectives. The mediator facilitates discussions, asks open-ended questions, and helps parties brainstorm options for resolution. However, the facilitative mediator does not offer opinions on what the outcome should be. Instead, they focus on empowering the parties to make their own decisions.

The key principles of facilitative mediation include:

• Neutral Guidance: The mediator remains neutral and does not advocate for any specific outcome.
• Party Autonomy: Parties are encouraged to take an active role in the process and find their own solutions.
• Communication Enhancement: The mediator fosters productive dialogue by ensuring each party has the opportunity to speak and be heard.

Facilitative mediation is often preferred in disputes where parties want to preserve relationships or maintain control over the outcome. It can be especially effective in family conflicts, workplace disputes, or community disagreements where ongoing interactions are likely.

Transformative Mediation

Transformative mediation focuses not just on reaching an agreement but on transforming the relationship between the parties. Developed by Bush and Folger in the 1990s, this style aims to empower parties to recognize each other’s needs and perspectives, fostering empathy and understanding.

Key features of transformative mediation include:

• Empowerment and Recognition: The mediator helps parties understand each other’s needs and encourages them to take responsibility for their actions.
• Shift in Interaction: The goal is to shift the parties from conflict and power struggles to a more constructive and respectful interaction.
• Outcome Secondary: Unlike other styles, the outcome of the mediation is seen as less important than the process of empowerment and recognition.

Transformative mediation can be particularly effective in disputes where there is a history of communication breakdown, emotional conflicts, or ongoing relationships that need to continue after the dispute is resolved. It is often used in family disputes, workplace conflicts, or community issues.

Evaluative Mediation

In contrast to facilitative and transformative mediation, evaluative mediation involves the mediator taking a more active role in suggesting and evaluating potential solutions. This style is often used in more complex cases where legal issues are central, such as business disputes or cases involving large sums of money.

Key characteristics of evaluative mediation include:

• Expert Opinion: The mediator may offer their opinion on the strengths and weaknesses of each party’s case.
• Reality Testing: Parties receive feedback on the likely outcomes if the case were to go to court.
• Efficiency and Closure: The focus is on reaching a settlement efficiently, often with the mediator guiding parties towards a middle ground.

Evaluative mediation can be beneficial when parties are seeking a quick resolution or when legal precedent and rights are crucial factors. It can save time and money compared to a full-blown trial while still providing a structured process for decision-making.

Selecting the Right Style

Choosing the appropriate mediation style for your dispute is crucial for a successful outcome. Here’s why:

• Efficiency and Time: Different styles can vary in their efficiency. If a quick resolution is essential, evaluative mediation might be the best choice. However, if time allows and preserving relationships is crucial, facilitative or transformative mediation may be more appropriate.
• Cost Considerations: Mediation costs can vary based on the style chosen. Evaluative mediation might involve more preparatory work and time with the mediator, potentially increasing costs. Facilitative mediation, relying more on the parties’ own discussions, could be more cost-effective.
• Nature of the Dispute: The type of dispute and the relationship between the parties play a significant role. A longstanding family conflict might benefit most from transformative mediation to heal relationships, while a business dispute might require the efficiency of evaluative mediation to focus on the legal issues.
• Desired Outcome: Consider what you hope to achieve. Are you primarily seeking a legally binding agreement, or is restoring communication and understanding more important? Different styles align with different priorities.

Mediation offers a flexible and often more satisfactory alternative to traditional litigation. However, the success of mediation hinges greatly on selecting the right style. Whether it’s the facilitative approach, focusing on communication and autonomy; transformative, aiming to shift relationships and perspectives; or evaluative, providing expert guidance and efficiency, each style has its strengths.