Evaluative mediation

Definition

Evaluative mediation is a process in which a neutral third party, the mediator, assists disputing parties by providing an evaluation of the situation and offering suggestions or recommendations for resolution. This approach often involves the mediator actively assessing the strengths and weaknesses of each party's position and guiding them toward a mutually acceptable agreement. By integrating evaluative elements, this type of mediation can lead to more structured discussions that clarify issues and facilitate resolution in employment disputes.

5 Must Know Facts For Your Next Test

1. Evaluative mediation is particularly useful in employment disputes where parties may have differing perceptions of fairness and need clarity on legal rights and obligations.
2. The mediator's role in evaluative mediation is more active compared to facilitative mediation, as they offer assessments that can guide decision-making.
3. This type of mediation can save time and resources by steering parties towards realistic outcomes rather than allowing them to explore overly optimistic or impractical positions.
4. Evaluative mediation may result in quicker resolutions, especially when the mediator has expertise in employment law and can provide informed insights.
5. While evaluative mediation is effective, it also requires careful handling to ensure that all parties feel heard and respected throughout the process.

Review Questions

• How does evaluative mediation differ from facilitative mediation in the context of employment disputes?
  • Evaluative mediation differs from facilitative mediation primarily in the role of the mediator. In evaluative mediation, the mediator takes an active role by providing assessments of each party's case, suggesting possible outcomes, and helping clarify legal implications. In contrast, facilitative mediation focuses on enabling communication between the parties without offering opinions or evaluations, allowing them to reach their own conclusions. This distinction is significant in employment disputes, where clear guidance can help parties understand their positions better.
• What are some potential advantages and disadvantages of using evaluative mediation for resolving employment disputes?
  • One advantage of evaluative mediation is that it can lead to quicker resolutions by providing clarity on legal standings and guiding parties toward realistic options. However, a potential disadvantage is that if not managed carefully, it may create an imbalance if one party feels pressured by the mediator's evaluations. This could lead to dissatisfaction or a feeling of being coerced into an agreement. Balancing assertiveness with sensitivity is crucial for effective outcomes in evaluative mediation.
• Critically assess the implications of using evaluative mediation in employment disputes considering the balance between efficiency and party autonomy.
  • Using evaluative mediation in employment disputes can significantly enhance efficiency by streamlining discussions and quickly identifying viable solutions based on the mediator's expertise. However, this approach raises concerns about party autonomy since the mediator's assessments might inadvertently steer decisions rather than empower parties to make their own choices. Finding a balance between providing guidance and allowing parties to maintain control over the outcome is vital; if parties feel manipulated rather than supported, it could undermine trust in the process and lead to less satisfactory resolutions.

Related terms

facilitative mediation: A mediation approach focused on helping parties communicate and understand each other without the mediator providing opinions or evaluations.

arbitration: A process where a neutral third party makes a binding decision to resolve a dispute, often following a hearing where both parties present evidence.

negotiation: A dialogue between two or more parties aimed at reaching a mutual agreement, often serving as a precursor to mediation or arbitration.