Orange County residents know that the mediation process can be a valuable alternative to the legal system in resolving important disputes. Those who are having marital difficulties or are seeking a divorce may wish to know more about the different types of mediation. Mediators generally fall into one of three categories, depending on their particular mediation style. These categories are known as facilitative, evaluative and transformative.
A facilitative mediator focuses on helping the parties come to an agreement. This type of mediation does not require that the mediator to know about the specific laws at issue. On the other hand, evaluative mediators use their knowledge of the relevant law to determine the strengths and weaknesses of each party’s case and reach a settlement. Transformative mediators hope to cause deeper positive changes beyond just settlement for the parties.
When mediating a dispute between married couples, the type of mediation used depends on the desired outcome. If the couple is seeking a divorce, facilitative mediation is usually appropriate, as the end goal is to come to a divorce settlement. If the couple wishes to remain married but have their internal dispute resolved, the goal is not to arrive at a written agreement. Under such circumstances, the aim of the mediation may be considered more transformative, as the mediator is looking to move beyond the dispute and enact a positive change in the relationship.
When a couple is seeking a divorce, the mediation process may be less stressful and less time-consuming than using the courts. By working with a neutral third party, the former couple may be able to get their voices heard and might come up with creative solutions to their issues.