By Abby Tolchinsky and Ellie Wertheim
August 1, 2007
Mediation is a “consensual dispute resolution process in which a specially trained neutral third party helps disputants to identify issues, clarify perceptions and explore options for a mutually acceptable outcome.”1
Within this broad definition three discernible methodologies have emerged: facilitative (sometimes referred to as directive); transformative; and understanding-based.
Mediators in New York State are guided, but not bound, by a small number of Model Standards and ethics opinions.1 By the same token, there is strikingly little analysis of the mediator’s role as a neutral facilitator, which is the essence of what it means to be a mediator.