Mediation Styles (Facilitative, Evaluative, and Transformative)

Summary

This video explores three main styles of mediation: facilitative, evaluative, and transformative. Facilitative mediation focuses on encouraging parties to find their own solutions through guided dialogue, while evaluative mediation involves the mediator offering legal advice and assessing the strengths and weaknesses of each party's case. Transformative mediation seeks to change adversaries into people who understand and value each other’s perspectives, emphasizing emotional communication. By comparing these approaches, the video helps viewers understand the different mediation methods and how they can be applied in various conflict situations.

Takeaways

• 😀 Mediation is a process for resolving disputes where an intermediary facilitates conversation between conflicting parties.
• 🤝 Facilitative mediation encourages participants to establish their own solutions through guided communication.
• 🧑‍⚖️ Evaluative mediation involves the mediator assessing the strengths and weaknesses of each party's case and offering legal advice.
• 🌟 Transformative mediation focuses on changing adversarial relationships into cooperative ones through understanding and empathy.
• 🔍 Facilitative mediators act as orchestrators, maintaining control over the mediation environment and ensuring all voices are heard.
• 📋 Evaluative mediators may provide recommendations and predictions based on legal rights and obligations.
• 💬 The techniques of facilitative mediation include asking questions, normalizing perspectives, and validating viewpoints.
• ⚖️ Evaluative mediation is often used in legal contexts, such as family disputes and court-mandated situations.
• ❤️ Transformative mediation aims to humanize participants, fostering recognition of each other's value and relationship.
• 🏆 Understanding different mediation styles can help individuals choose the most effective approach for conflict resolution.

Q & A

What is mediation?

Mediation is a process for resolving disputes where an intermediary helps conflicting parties communicate to jointly resolve their concerns.

What are the three main styles of mediation discussed in the video?

The three main styles of mediation discussed are facilitative, evaluative, and transformative mediation.

What is the primary focus of facilitative mediation?

The primary focus of facilitative mediation is to encourage participants to find their own voluntary solutions through effective dialogue.

How do facilitators support the mediation process?

Facilitators support the process by asking questions, normalizing perspectives, and validating both parties' viewpoints to explore their needs.

What distinguishes evaluative mediation from facilitative mediation?

Evaluative mediation differs in that mediators assess the strengths and weaknesses of each party's case and provide legal guidance, while facilitative mediators do not offer advice.

In what contexts is evaluative mediation commonly used?

Evaluative mediation is commonly used in legal contexts such as divorces, family disputes, and lawsuits.

What is the goal of transformative mediation?

The goal of transformative mediation is to change adversarial relationships into collaborative ones by fostering mutual understanding and appreciation.

What techniques are typically used in evaluative mediation?

Techniques used in evaluative mediation include providing legal assessments, making predictions about case outcomes, and utilizing caucuses for private discussions.

What are some assumptions underlying facilitative mediation?

Facilitative mediation operates under the assumptions that participants are reasonably intelligent and capable of resolving their issues when in a safe environment.

How does transformative mediation approach the resolution of conflicts?

Transformative mediation approaches conflict resolution by focusing less on finding a resolution and more on transforming the participants' perceptions and relationships.