Are all Mediators the Same?
Couples who decide to use mediation for their divorce process often don’t realize that there are three different styles of mediation: Facilitative, Evaluative and Transformative. While the basic goal of each is to achieve an amicable resolution to the couple’s issues, each type approaches the process in a unique way. The style the mediator is trained in will significantly impact the experience.
Facilitative Mediation
This is the earliest form of mediation introduced in the 1960’s and 1970’s. The mediator typically creates an atmosphere that encourages each party to have a voice in the process and the mediator asks powerful questions to elicit the underlying fears, concerns, and interests. The mediator does not typically make recommendations to the couple and encourages them to come to their own agreements on the various issues. Generally, sessions are held jointly but a mediator can meet with each party separately, as well.
Evaluative Mediation
This style was born out of the court system and modeled after the settlement conferences held by judges. The mediator has specific legal knowledge and may even be a lawyer. They give advice on how the issues at hand will likely stand up in court and make recommendations to each party directly influencing the outcome. This style is often practiced using separate meetings with parties and their attorneys “shuttle” style, moving back and forth from one office to another. Typically Evaluative mediation is tied to a litigated case in an attempt to reach settlement prior to trial.
Transformative Mediation
The newest concept in mediation, Transformative seeks to change (transform) party-interaction, perception and approach to conflict. It focuses more on the individuals involved versus the problem. Transformative mediation is based on the “empowerment” of each party and the “recognition” by each of the other parties’ needs, interests, values and points of view. Often, empowerment and recognition pave the way for a mutually agreeable settlement.
As always, if I can ever be of assistance to you or someone you know, please do not hesitate to call or email me directly at 803-576-4932, Amanda.Gunn@raymondjames.com
Sincerely,
AMANDA SIMCONIS GUNN, CDFA®, AAMS®
Financial Advisor
Raymond James financial advisors do not render advice on legal matters. You should discuss any legal matters with the appropriate professional.
