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Models of Working

Diversity of mediation practice

Another distinctive feature of family mediation around the world is the huge variety of different models. 

These include:

  • Traditional, neutral, passive mediation
  • Directive mediation
  • Lawyer inclusive mediation
  • Intensive one-off long sessions
  • Caucusing
  • Video mediations
  • Med –arb
  • Court imposed mediations, often running in parallel with court timetables
  • Culturally imposed mediations
  • Limited opportunities to go into court system and therefore an implicit compulsion to mediate
  • Difficulties of conducting mediation after tactical fast issue of proceedings especially race to court, Brussels II
  • Many other models as yet unexplored worldwide

This must not be seen as a challenge or any difficulty, although undoubtedly it is. Instead it is a glorious cornucopia of riches.  Family Mediation has grown out of civil mediation or the therapeutic professions or other origins.  But then it has adapted for the distinctive needs of families including resolving issues for children. At the outset, the steering group has been adamant there is no one model appropriate across-the-board in all circumstances and cases. Instead and to the contrary, the challenge for this Project looking at these various models is to endeavour to analyse and formulate any guidance on which models may work best in which circumstances, which situations of law, what sort of disputes and to what outcomes and for which mediators.

In this respect, international family mediation has an abundance of worldwide riches but it needs how to apply them.  As with other aspects of this Project, the work would be shared worldwide, thereby adding even further to the various opportunities and ways of working for family mediators with their family clients. A working group will specifically analyse these different working models and make recommendations.