Originated by Oliver Ross, JD, PhD, the founder of Out-of-Court Solutions, the Situational™ approach to mediation is based on the premise that mediators must be adaptable to the particulars of a conflict. As elucidated in his book, Situational Mediation: Sensible Conflict Resolution, unlike other mediators who routinely follow either a directive, evaluative, or facilitative approach to mediation, Situational™ mediators employ a combination of approaches depending on the nature of the dispute, the parties involved, and the other specifics of a situation.

The Situational™ approach to mediation also emphasizes the importance of empathy, humility and compassion in fostering informed decisions and durable agreements. While many mediators avoid the emotions common to conflict, Situational™ mediators understand that emotional interests (such as safety, security and respect) typically underlie the positions taken by disputing parties, and that their recognition is key to bringing about meaningful shifts in thinking and solutions.