Types of Mediation: Find the Best Conflict Resolution Style
- Mediation Academy
- Jun 19, 2024
- 3 min read
Updated: 4 days ago
When parties are involved in serious conflict and want to avoid a costly court battle, understanding the different types of mediation, such as facilitative mediation, transformative mediation, and e mediation, can help them choose the best resolution path. Each mediation approach, from traditional negotiation-based formats to more structured hybrids like mediation vs arbitration, follows unique principles based on the nature of the dispute. Before selecting a mediator, it’s essential to understand how various mediation styles work.
7 Types of Mediation
Facilitative Mediation
In the facilitative mediation process, a trained mediator helps parties communicate, understand each other’s interests, and find a mutual resolution. The mediator does not suggest solutions or take sides but encourages the parties to explore underlying issues. This traditional style works well for interpersonal and family disputes.
Court-Mandated Mediation
This form of mediation is ordered by the court, typically to resolve disputes faster and more affordably. While it is not currently practised in South Africa, it remains common in other jurisdictions. Success rates depend on the willingness of both parties to engage meaningfully.
Evaluative Mediation
Unlike facilitative mediation, evaluative mediation focuses more on legal rights and fairness. The mediator may provide opinions or recommendations based on legal expertise. This style is often used in court-aligned settings and is common among mediators with legal backgrounds.
Transformative Mediation
Transformative mediation focuses on improving relationships and empowering the individuals involved. The aim is to promote understanding, recognition, and long-term change in how parties interact. This method is often used in community, workplace, and family disputes.
Med-Arb
Med-arb is a hybrid process that combines mediation and arbitration. The mediator first attempts to resolve the conflict collaboratively. If this fails, the mediator (or a new arbitrator) steps in to make a binding decision. This approach offers both flexibility and finality.
Arb-Med
Arb-med begins with arbitration, where the arbitrator makes a decision but withholds the outcome. The parties then attempt to resolve the dispute through mediation. If unsuccessful, the arbitrator’s decision is revealed and becomes binding. This model helps maintain pressure to settle while protecting confidential mediation content.
E-Mediation
E mediation involves the use of digital tools such as Zoom or Google Meet to facilitate mediation remotely. It is ideal when parties are geographically distant or find in-person meetings too stressful. This modern approach offers flexibility and can be just as effective as traditional formats.
Mediation vs Arbitration
When comparing mediation vs arbitration, it's important to note that mediation is typically non-binding and collaborative, while arbitration results in a binding decision. Mediation allows parties to maintain control, whereas arbitration relies on a third party to make the final call.
Further Reading and References
This article draws on insights from experts in the field, including:
Bush, R. A. B. & Folger, J. P. (1994). The Promise of Mediation: Responding to Conflict Through Empowerment and Recognition. Jossey-Bass.
Fullerton, R. (2005). Mediating the Litigated Case: Efficient Resolution of Civil Disputes. Dispute Resolution Journal.
Parlamis, J., Ebner, N., & Mitchell, L. (2016). Advancing Workplace Mediation Through Integration of Theory and Practice. Emerald Group Publishing.
Final Thoughts
Whether you're navigating workplace disputes, family conflict, or business disagreements, selecting the right mediation approach can make all the difference. From facilitative mediation to e mediation, there’s a style suited to every situation.
Credit: Content adapted from resources by Katie Shonk, Program on Negotiation, Harvard Law School.
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