Will The Real Mediation Please Stand Up
Posted by Site Staff on Wednesday April 9, 2008
The title and thought result from numerous styles in mediation with different roles mediators play. There is an ongoing discussion amongst practitioners as to what mediation really is. Dr. John Lande in Respecting Rival Mediation Philosophies, http://www.mediate.com/articles/lande.cfm,2000 discusses embracing a diversity of practices. Dr. Lande states,” I am a pluralist because I believe that it is important to have a diverse market that offers a wide variety of legitimate options for mediation buyers and sellers.”
Dr. Lande’s approach is not what he calls “single school view” He delineates between facilitative, evaluative and transformational styles, adhering to the position that all styles are within the Mediation umbrella and must be respected for their differences. He correctly points out there is no dichotomy here. A competent mediator must practice the fundamentals of mediation no matter the style.
Evaluative and transformational mediations are felt to be coercive with evaluative leaning toward “muscle mediation”. Some mediators express the opinion that facilitative mediation is soft, weak and not effective.
Zena Zumeta in Styles of Mediation: Facilitative, Evaluative and Transformational Methods, http:www.mediate.com/articles/zumeta.cfm 2000 discusses the rivalry in mediation between professionals using different styles claiming their style are the “real” mediation. This newsletters opinion is that all styles fall within the mediation modality. Along with Dr. Lande we are pluralists. Differences in mediation styles must be delineated, highlighted and available to consumers. Depending upon the dispute at hand parties choose the style best
fitting their particular problem.
If parties do not require conclusions to be drawn by the mediator then evaluative mediation is not for them. If parties are not seeking empowerment through recognition then transformative
mediation is not for them. Should the parties be seeking resolution of their dispute through traditional mediation processes the problem solving and facilitative mediation is likely the way to go. An important factor in choosing a mediation style is whether or not parties are looking to save future relations. This writer’s opinion is that in evaluative mediation saving a relationship could be difficult. One of the aims of problem solving, facilitative, transformational, peer and grievance mediation is to preserve future relations. This is not true of arbitration.
Consumers may rather a mediator who will minimize intervention, allowing open, free communications leaving resolution to the parties. The aim of this supplement is to advise readers that they should be careful not only in choosing a mediator but also in choosing a style. Do not be afraid to interview numerous possible
mediators asking them all relevant questions. In evaluative and possibly transformational mediations the mediator may well control session(s). In all forms of mediation, however, the parties are the final decision makers with the stages and core elements applying.
Important Information
The staff researcher found a mediation style new to him. In September 2002 Douglas Noll published an article, http://www.mediate.com/articles/noll6.cfm titled Restorative
Mediation. He defines this proposed mediation modality,” A process is said to be restorative when three events occur. First, the parties are able to acknowledge that a dispute exists and are able to share how they experienced the dispute with each other. Second, the parties are able to talk about how to make things as right as possible between themselves. Third, the parties talk about the future to prevent the dispute from occurring again and to rebuild trust.
The newsletter staff’s opinion of this relatively new style is that it covers beneficial aims of mediation. Preserving relationships, building trust and prevention of future disputes are hopefully benefits parties take from mediation. As preached by this staff the core elements as discussed and stages of mediation are necessary ingredients for the process. Therefore in discussing new styles we first must look towards utilization of these basic principles. If Mr. Noll intends that his newly minted style conforms to these principles then we agree that it is a mediation style.
THANK YOU FOR READING THIS SUPPLEMENT AND LOOKING IN ON THE NEWSLETTER. CONTINUE TO CHECK OUR SITE, AS SUPPLEMENTS WILL BE ADDED ON A CONSTANT BASIS.
THE MAY, 2008 ISSUE WILL BE POSTED ON THE THIRD OF THE MONTH AND WILL COVER MORE INTERESTING INFORMATION REGARDING MEDIATION WITH THE BEGINNING OF THE NEGOTIATION MODALITY DISCUSSIONS.
