Directive vs. Facilitative: Why Your Mediator’s Approach Matters

Many mediators subscribe to a certain mediation style, and it behooves any of us looking for an appropriate mediator to learn a little bit of mediation vocabulary in order to know what we can expect. This new understanding will help to discern which mediator best suits your goals and preferences, and also assist you in assessing whether or not the mediator’s style will help or hinder an appropriate resolution of the problem at hand. And now, without further delay, the two main schools of mediation styles:

1. Directive

The directive style involves, as one might imagine, a more directive approach. Mediators who subscribe this philosophy take a more active role in the mediation. They may take charge altogether, highlighting the issues they perceive to be the most important. They may also suggest solutions, emphasizing their own perspective and experience. Directive mediators (and their experience) can add tremendous value in cases where technical issues are important to the parties, but they operate in a gray area that lies somewhere between mediation, arbitration, and more traditional methods of dispute resolution (e.g. litigation). Others guard the process carefully and navigate their mediations with great dexterity. Many directive mediators are former or current attorneys with decades of experience in the courtroom. They bring with them a wealth of experience and knowledge. However, any prospective client should be aware that the process might be less client-centered. Clients should be prepared for this shift, and speak if they are uncomfortable.

2. Facilitative

The facilitative style centers around the client(s), as opposed to the mediator. A facilitative mediator will let the clients drive the process, though the mediator is there to provide structure. Clients have both responsibility and power in a facilitative mediation; they need to ask questions, actively participate, and be prepared to negotiate with each other. The facilitative mediator will guide clients, but they will not direct them. The clients determine the relevant issues for discussion and collaborate to construct an agreement that meets their needs and goals. The clients must engage with each other and the mediator. A facilitative mediator should have the tools and knowledge to answer substantive questions their clients may have, but they will not volunteer this information is order to sway the clients in any given direction, nor will they offer their opinion as the guiding principle for decision-making.

3. Hybrid

Most mediators use some combination of the facilitative and directive styles, but it is vital for potential mediation clients to understand the mediation philosophy of their mediator.

Mediation is an alternative dispute resolution process precisely because it allows parties to creatively construct their own solution, within the scope of the law. Choose your mediator carefully, and take the mediation seriously. That way, everyone wins.