Types of Mediation Styles 

For any dispute brought to mediation, mediators can approach the case with one of the following three mediation styles. The main difference between these mediation styles lies in the amount of control given to the disputing parties:

Evaluative mediation focuses on the legal rights of the parties rather than their interests. The mediator's role is to hear the different points of view and speculate on what a judge and jury would decide if this case were brought to court. Mediators using this mediation style evaluate based on legal rights and fairness and try to come to a workable resolution that meets these standards. Because this type of evaluation requires a mediator with legal expertise, evaluative mediators are often attorneys. Additionally, evaluative mediators may determine whether or not it would be more cost-effective to litigate. Facilitative mediation allows the disputing parties to maintain control over most of the mediation process. The mediator does not give an opinion about the outcome. Instead, he searches for underlying interests and helps find and analyze options for resolution. In facilitative mediation, the emphasis lies on making sure the disputing parties come to an agreement on their own.

Transformative mediation is similar to facilitative mediation because it also emphasizes the empowerment of the disputing parties. The disputing parties structure the process and determine the outcomes. The mediator's role is to help the conflicted parties recognize each other's values, interests, and points of view. This process of understanding and communicating is intended to solve the dispute and change or repair broken relationships. Accordingly, transformative mediation is often used for disputes involving interpersonal conflicts.