Mediation is another way to resolve your family law matters. There are several styles of mediation. Facilitative Mediation is the oldest method of mediation and encourages agreements based on the interests and needs, as well as knowledge and understanding of the parties. Facilitative mediation promotes the needs and interests of the parties while avoiding resolution by pointing out the weaknesses of the parties’ case. The parties are in charge of the outcome of the mediation, while the mediator is in charge of the process. Evaluative Mediation is distinguished from facilitative mediation in that the mediator evaluates the parties’ case and assists the parties by pointing out the weaknesses of their case and predicting what the outcome might be if put before the court. Evaluative mediation is akin to a court-conducted settlement conference and often is limited in time. A facilitative mediation can take significantly longer to reach an agreement which rises to a “knowing” understanding by the parties. The evaluative mediator is in control of the process as well as the outcome of the mediation by virtue of the mediator’s influence in citing the weaknesses, the laws, and issues of fairness inherent in the case. The third method of mediation is known as Transformative Mediation. Transformative mediation is much like the collaborative law approach in that empowerment of both parties is encouraged by recognizing each party’s individual needs, values, and interests. As its name implies, the goal is that the parties will be transformed during the mediation process and be empowered and transformed to better understand and appreciate each other’s needs, values and interests. In transformative mediation, the parties are in control of the process as well as the outcome of the mediation. Transformative Mediation puts the parties in control of the outcome, whereas traditional litigation does not.

Deb Josephson is a certified mediator dedicated to bringing peaceful resolutions to your changed family dynamics by concentrating on your respective interests.