Mediation and Our Practice Earl Parsons and Christopher Hagen
_The three best know types of mediation are facilitative,
evaluative and transformative.We
describe each of them below and will comment on their use in our practice.
In facilitative mediation, the mediator structures a
process to assist the parties in reaching a mutually agreeable resolution. The
mediator asks questions; validates and normalizes parties' points of view;
searches for interests underneath the positions taken by parties; and assists
the parties in finding and analyzing options for resolution. The facilitative
mediator does not make recommendations to the parties, give his or her own
advice or opinion as to the outcome of the case, or predict what a court would
do in the case. The mediator is in charge of the process, while the parties are
in charge of the outcome.
Evaluative mediation is a process modeled on settlement
conferences held by judges. An evaluative mediator assists the parties in
reaching resolution by pointing out the weaknesses of their cases, and
predicting what a judge or jury would be likely to do. An evaluative mediator
might make formal or informal recommendations to the parties as to the outcome
of the issues.
Transformative mediation is based on the values of
"empowerment" of each of the parties as much as possible, and
"recognition" by each of the parties of the other parties' needs,
interests, values and points of view. The potential for transformative
mediation is that any or all parties or their relationships may be transformed
during the mediation. Transformative mediators meet with parties together,
since only they can give each other "recognition".
Chris and Earl will practice any of these types in a
mediation as they believe is necessary under the circumstances. The parties to the mediation may also request
that a particular style be used. Their
extensive experience in many areas of the law give them a high comfort level in
practicing evaluative mediation.