Mediator’s Diary: More on Mediation and Its Varieties - Part 2

In the first part of this series in our rubric "Mediator's Diary" we told how long mediation dates back, we defined two types of mediation- facilitating and assigned by court.

We now turn to two other types of mediation that are used in practice: evaluative and transformative.

Evaluation mediation

Unlike facilitating mediation, here the mediator assesses the dispute, makes recommendations and suggestions to the parties, expresses opinion. Instead of identifying the interests of the parties, the case is assessed in the context of the judicial framework, evidence and fairness are sought in the decision. This type of mediation is often used in the previous type of mediation ordered by a court. Here, mediators are often former judges or lawyers, experts in the legal matter of the dispute.

Transformative mediation

In this type of mediation, the mediator does not seek an easy and quick solution based on common interests, but focuses on empowering the parties. Empowerment not in the sense of upsetting the balance of equality, but encouraging the parties to be well aware of their goals, the resources at their disposal in the dispute, options for resolving it, costs, moral cost, strengths and weaknesses, the value of the current possible solution, future perspective. The mediator urges each party to take the place of the other, to see the conflict through his/her eyes, without to imply agreeing with him/her. The concept of this type of mediation was developed by Bush and Folger, who wrote a book about it named The Promise of Mediation, in 1994. According to them, this type of mediation changes people's views, makes them realize the values ​​that are important to them. The search for a solution is not rooted in resolving the current short-term conflict, as in traditional mediation, but a solution to the relationship between the parties in the perspective of time and the effect on their lives. Transformative mediation is particularly appropriate in divorce cases, where the context and future development of the relationship between the parties, which often have third parties affected by the break-up, like  children, is particularly important.

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Sources:

https://www.mediate.com/articles/vinther-history.cfm#:~:text=Many%20scholars%20believe%20that%20mediation,it%20appeared%20before%20the%20court.