Mediators are dispute resolution professionals who are trained to guide parties through a structured negotiation process. Mediators are impartial and neutral, meaning they have no relationship or obligation to either of the disputing parties.

Mediators do not decide cases. Rather, they assist parties to communicate effectively and reach their own agreement. Just about any kind of conflict can be resolved through mediation. Common examples include:

• Divorce and parenting plans
• Business or workplace issues
• Landlord-tenant disputes
• Neighborhood problems
• Organizational decisions

There are several styles of mediation, and many professionals are skilled in more than one. It is important to discuss how the mediator’s style fits with your own needs.

Facilitative The mediator is mostly focused on structuring the process to creating a safe space for the parties to communicate. The mediator asks questions, reflects and validates each party’s point of view, and searches for underlying interests. A facilitative mediator does not make recommendations or give advice, nor make any predictions about what a judge might decide. This is the style most commonly used by volunteer mediators at community dispute resolution centers.

Evaluative This style is most similar to a judge’s settlement conference. The mediator assists the parties in reaching resolution by pointing out the weaknesses of their cases and predicting what a judge might decide. An evaluative mediator might make recommendations about the parties cases, their legal rights, and the costs of litigation vs. settling the case. Most evaluative mediators are retired judges, experienced attorneys, or subject-matter experts in specialized fields.

Transformative The mediator is guided by values of empowering the parties to take control of the decision-making process, and encouraging recognition of the other party’s needs, interests, values, and point of view. The goal is not so much to resolve an individual dispute as to create a climate for future collaboration and problem-solving. Transformative mediators always meet with both parties together. The parties structure both the process and the outcome of mediation, and the mediator follows their lead.

How does it work?

The mediator meets with both parties either separately or together, depending on their style and the circumstances of the case. Mediation usually takes place in face-to-face meetings, although it is also possible to involve one or both parties by telephone. Confidentiality is the cornerstone of mediation – with few exceptions, what gets said between the parties and the mediator cannot be recorded or repeated, even in court. This creates a safe opportunity to explore settlement options without impacting other party’s legal standing. As a result, mediation can work very well in legal situations where an lawsuit has been filed but the parties wish to pursue an out-of-court settlement.

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