Facilitative Mediation: Generally considered an “interest” based process where the participants themselves construct their agreement through/with the assistance of the mediator. The mediator is a neutral party. The mediator is there to initially assist the parties through questions and answers to clarify their disputes and/or issues. Thereafter the mediator’s directive is to facilitate a structured discussion between the participants. The mediator will clarify communications so that all participants have the benefit of understanding the discussion. The mediator will assist and encourage the parties to consider and reach, through their discussions, a durable agreement.
Evaluative Mediation: Generally this method utilizes the same basic techniques as the facilitative style above, however; the evaluative mediator is often recognized as a person experienced in the subject matter (family law, personal injury, etc.) in dispute. The mediator will often evaluate the issues (disputes) and provide assessments, recommendations and in some cases even settlement terms for the participants to consider. The mediator recognizes (and often points out) the possible outcomes in future litigation and trial. Thereafter, the participants are directed to fully consider the risks and costs. Nevertheless, in both mediation styles the participants are the final decision makers.
Joint Approach: The participants will generally meet with the mediator together (jointly) in one room or setting. Unless the mediator determines the participants should be caucused (separated) for a brief period, the process calls for direct participation and communication with all participants. The benefit of this approach is for the participants to gain clarity and understanding of the other’s positions and interests, which thereafter leads to a cooperative resolution.
Shuttle Approach: In this approach the participants are in separate rooms and generally remain separated throughout the mediation process. The mediator is primarily focused on the pragmatic discussions directed to reach a settlement. This approach affords the participants to be in a separate space and hopefully free from any emotional dynamics that may hinder full participation.