Facilitative mediation is a type of alternative dispute resolution which is non-adjudicative, meaning that the mediator is not judging anything. It is also non-advisory, meaning that the mediator is not advising the participants, on the law or otherwise.

Since the main alternative to mediation may well be carrying on a dispute all the way to court, I believe that it is the most sensible primary step to take, given the expense and heartache which a court case inevitably entails.

So if the mediator isn’t adjudicating or advising, what are they doing? They are facilitating the resolution of a dispute. They are enabling the participants to have the best conversation they possibly can so that they themselves can find a way forward with which they feel comfortable. The way this is done will depend on which mediator you work with. 

At its heart, Transformative Mediation makes the self determination of the participants its priority in the belief that you have what it takes to reach the best possible outcome for you. This means that I, as mediator, support each participant in having agency throughout the process and in making their own choices.

This is a goal in itself, the idea being that when a participant feels truly heard and fully in their own power, they will be able to empathise with themselves and once this happens, they will be in a position to turn towards (‘respond to’) the other participant, knowing that empathy does not necessarily mean agreement.

This powerful combination of self determination and responsiveness can provide fertile ground for dispute resolution and/or for the participants to move forwards in the best way for them.

I will be led by you because mediation is your choice and your process. I am here to support you in whatever choices you make, be they as to how the mediation is structured or what happens during the mediation. 

Having said that, my overall approach is human-centric. It does not shy away from emotion, rather it welcomes it, as I believe that emotion lies at the heart of every dispute be it ‘personal’ or ‘business’.

I also believe that you know the ins and outs of your issues far better than I ever will, so it is not my place to suggest, direct or nudge you in any particular direction, but rather to use my skills to enable you to make the right choices for you.

Before the mediation, I would speak with each participant about the process and their preferences. 

What I don’t do: read legal bundles in detail; shuttle negotiation; advising; nudging; time pressure.