The role of Mediator according to different conflict theories

Mediation is a process of dispute resolution in which a neutral and impartial third party facilitates and assists parties in negotiating a consensual and informed agreement. There are different styles and forms of mediation practiced. The primary difference relates to the role of the mediator. The extent to which the mediator has control over the process may vary according to the style of mediation used. Generally there are three different styles of mediation namely evaluative mediation (substance-oriented), transformative mediation (relationship-oriented) and facilitative mediation (process -oriented).

The evaluative mediation process is modeled on settlement conferences conducted by judges. The role of the evaluative mediator is to control the bargaining interactions between the parties, assist parties and their lawyers to evaluate the parties’ legal position and the costs involved. They also decide what the best deal is for the parties.

The transformative mediation process focusses on “empowerment” of the parties and the primary concern is future party relationships. The transformative mediator’s role is to generate mutual respect for one another and to create “inter-party recognition” of each others needs, interests, and viewpoints which will lead to them working to achieve mutually acceptable solutions. The role of the mediator is to generate inter-party empathy so as to induce each other to appreciate feelings and perspectives of their opponents. 

The most popular style of mediation and the one used by our mediators at www.mediate2resolveonline.com is facilitative mediation defined as “a process by which the participants, together with the assistance of a neutral third person or persons, systematically isolate dispute issues in order to develop options, consider alternatives and reach consensual settlements that will accommodate their needs. The key feature of this definition is the principle of self-determination and party autonomy. Parties must voluntarily participate in the process to make it a success. Parties cannot be compelled to negotiate a settlement against their wishes.