By and large, mediation is an art, not a science. Although there are a variety of approaches to mediation, a good mediator will first listen to your unique circumstances. They seek an understanding of both party’s specific needs and priorities before deciding the best approach.
The style of each mediator may be different, and he or she should adapt to suit the goals of both parties. However, there are several accepted forms of mediation that may be used exclusively or combined to most effectively address your case. Understanding these different styles may help you to better understand the mediation process as a whole. Ultimately, it helps determine whether or not this form of alternative dispute resolution is a viable option for your divorce proceedings.
Understanding the Various Approaches to Mediation
The following is a list of the most commonly employed approaches to mediation. As mentioned previously, your mediator may use one or more of these forms to best suit the needs, dynamics, and priorities of both parties.
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Facilitative Mediation: This was the first approach to mediation and was the only type practiced during the 1960s and 1970s. The goal of this style is to create an environment that facilitates the participants in reaching an agreement between themselves.
- The mediator’s role is to ask questions, validate perspectives, and provide necessary time and space.
- The facilitative mediator does not provide recommendations, advice, or predictions about court outcomes.
- The participants determine if a resolution is reached and the terms of that agreement.
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Evaluative Mediation: This approach mirrors that of a judge during a settlement conference, with the mediator behaving as an examiner of both party’s arguments.
- The mediator examines the strengths and weaknesses of each case and may predict court outcomes.
- This style is driven by the goal of reaching a resolution; the mediator may make recommendations to participants.
- This “devil’s advocate” approach is useful when parties are considering litigation, as the mediator provides feedback that influences the result.
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Transformative Mediation: This is the newest approach, named by Robert A. Baruch Bush and Joseph P. Folger in The Promise of Mediation. It is guided by principles of empowerment and recognition.
- The mediator provides an environment where each party is encouraged to recognize the other’s perspective.
- The goal is to “transform” the relationship by shifting the lenses through which the parties view one another.
- Participants control the process and the resolution while the mediator responds to shifting dynamics to repair or reconfigure the relationship.
A Pragmatic Approach to Mediation
It is perhaps most valuable to view the forms mentioned above as useful tools that a mediator may employ in greater or lesser measure to best serve the parties involved. At Townsend, Tomaio, Newmark & Clancy, our qualified mediators take a pragmatic approach to the mediation process. We utilize our extensive knowledge and diversity of experience to integrate various approaches in a way that is realistic and entirely customized to your unique situation.
Although we are well-versed in the theoretical considerations of the mediation process, we remain committed to the practical considerations of your life. Ultimately, it is our goal to structure a mediation process that best serves your needs.
Meet Our New Jersey Divorce and Family Law Mediation Team
Our seasoned New Jersey divorce and family law mediation team is composed of a diverse group of legal professionals who specialize solely in divorce and family law. Led by three talented attorneys, each of whom has over 10 years of experience, our commitment is to develop creative resolutions to solve the most challenging issues facing families.
Key highlights of our mediation team include:
- Several attorneys are approved family law mediators pursuant to New Jersey Court Rule 1:40-12.
- Many have served as panelists for Matrimonial Early Settlement Panel Mediation Programs.
- Extensive experience in Morris, Essex, Somerset, and Passaic counties.
To discuss your unique situation with one of our divorce and family law mediators today, contact our offices in Hackensack, Bergen County at 201-897-6670 or Whippany, Morris County at 973-975-0476, or submit your questions online.
