Styles and Goals: Clarifying the Professional Identity of Divorce Mediation

Abstract

In contrast to mediation outcome studies, there is a lack of research

Effects of mediator competence and mediation process on user satisfaction with child custody, finances, and property outcomes

“…Mediators must be very sensitive and responsive to the power dynamics and emotions underlying the issues at stake (Gale et al, ). This study's results affirm that mediators' process skill significantly influences the service outcome for both types of dispute (Baitar et al, , ; Gale et al, ; Goldberg, ; Goldberg & Shaw, ; Nelson, ). In child custody issues, the parties involved might project unresolved feelings about their ex‐spouses onto negotiations concerning children, ensnaring children in parental disputes.…”

“…We also controlled for the gender of mediators, as most mediators are female in Hong Kong (Hong Kong Mediation Accreditation Association Limited, 2018) and female mediators tend to be more facilitative, relationship-oriented, and transformative, implying that they are more sensitive and responsive to the socioemotional needs of users than male counterparts (Nelson, Zarankin, & Ben-Ari, 2010). The professional background of mediators could also influence their orientation, and that particular orientation might be more suitable for particular types of clients (Baitar, Buysee, Brondeel, Mol, & Rober, 2013;Herrman, Hollett, Eaker, & Gale, 2003).…”

Exploring Helpful Tensions between Divorce Mediators and Clients: A Relational Dialectical Analysis

“…In a similar vein, survey studies of law students (Goldfien and Robbennolt ) and practicing divorce professionals (Baitar, Buysse, Brondeel et al. ) empirically demonstrated that both facilitative interest‐based and evaluative advisory styles are used during dispute resolution. Likewise, in a simulated role‐play mediation study dealing with a conflict between law professor and student, Golann () observed mediators to flexibly switch between evaluative and facilitative styles during one mediation session.…”

Italian Mediators in Action: The Impact of Style and Attitude

“…Some studies on family mediators redefine the facilitative style as an “interest‐based” style, and the evaluative style as an “advisory” style (Baitar et al. , 71), while others identify two families of “settlement‐oriented” styles and “problem‐solving” styles (Kressel et al ). Silbey and Merry's () ethnographic study on family and community mediators distinguishes a “therapeutic” style from a “bargaining style.” In criminal mediation, we found reference to a “Mediterranean” mediation style, which focused on the “intolerability of pain for the shattering of a vital relational experience” (Coppola De Vanna , 72).…”

“…Pruitt notes that while some mediators can be clearly classifi ed as facilitative or evaluative, many others use both styles, so the evaluation and facilitation dimensions are "independent" or "orthogonal" (Pruitt 2012 ). Mediators easily change their style according to external directives or the training they have received (Baitar et al 2013 ). Th is would explain how a mediator could be voted as both the best facilitative mediator and the second best evaluative mediator by his peers (Riskin 2003 ).…”