Mediators usually get lumped into one of two styles: facilitative or evaluative. I find that during the course of a typical mediation I use both approaches. My role is to facilitate a settlement by working with the parties to clarify interests, evaluate risks, and arrive at a resolution. Because the parties are often looking for a neutral evaluation to help assess risk, I’ll provide my evaluation when appropriate. My objective is not to predict an outcome or pressure a party into a settlement, but to provide objective feedback.
I was also trained at the Harvard Negotiation Institute on the “no caucus” approach to facilitative mediation championed by Gary Friedman, as described in the book he co-authored with Jack Himmelstein, Challenging Conflict: Mediation through Understanding. The understanding-based approach is worth considering for parties looking to resolve a dispute while preserving a personal or business relationship. Because most people I work with are more comfortable with the typical caucus process, that remains my standard practice.
Carl Stich ADR 