Evaluative mediation

Definition

Evaluative mediation is a type of mediation where the mediator actively provides opinions and assessments about the issues at hand, often suggesting potential outcomes based on their expertise. This approach is distinct from facilitative mediation, where the mediator focuses on guiding the parties through their communication without offering personal evaluations. Evaluative mediation can be particularly useful in disputes where parties seek expert guidance or when they struggle to reach a resolution on their own.

5 Must Know Facts For Your Next Test

1. Evaluative mediation often involves a mediator who has subject matter expertise relevant to the dispute, providing informed assessments to guide the parties.
2. This approach can help expedite the resolution process by offering realistic options that the parties may not have considered on their own.
3. Parties may enter evaluative mediation when they feel stuck in negotiation or lack the resources to fully explore their options.
4. The effectiveness of evaluative mediation can depend on the willingness of both parties to accept the mediator's suggestions or opinions.
5. Evaluative mediation can sometimes create tension if one party feels pressured by the mediator's evaluations, so managing dynamics is crucial.

Review Questions

• How does evaluative mediation differ from facilitative mediation in terms of the mediator's role?
  • In evaluative mediation, the mediator actively provides opinions and assessments about the issues and may suggest potential outcomes based on their expertise. This contrasts with facilitative mediation, where the mediator's role is to facilitate communication between the parties without giving personal evaluations or recommendations. The differences in these roles reflect varying approaches to helping parties reach a resolution.
• What are some scenarios where evaluative mediation might be more beneficial than other types of mediation?
  • Evaluative mediation is particularly beneficial in scenarios where parties are at an impasse and need expert guidance to understand the strengths and weaknesses of their positions. It can also be useful in complex disputes requiring specialized knowledge, such as technical or legal matters, where an informed opinion can clarify options. When parties express uncertainty about their next steps or potential outcomes, evaluative mediation can provide necessary insights for moving forward.
• Evaluate the potential advantages and disadvantages of using evaluative mediation compared to traditional negotiation methods.
  • Evaluative mediation offers distinct advantages, such as providing expert insights that can lead to quicker resolutions and clearer options for the parties involved. However, this approach can also introduce disadvantages, including possible pressure felt by one party if they disagree with the mediator's evaluations. Additionally, if a party feels that their interests aren't fully represented due to the mediator's strong opinions, it may undermine trust in the process. Balancing these factors is essential for determining when evaluative mediation is appropriate.

Related terms

facilitative mediation: A type of mediation that emphasizes the mediator's role in facilitating discussion and communication between parties, without offering personal opinions or solutions.

arbitration: A dispute resolution process where an arbitrator makes a binding decision after hearing arguments and evidence from both parties, often seen as a more formal alternative to mediation.

interest-based negotiation: A negotiation approach that focuses on the underlying interests and needs of the parties rather than their positions, aiming for mutually beneficial outcomes.