Evaluative mediation

Definition

Evaluative mediation is a structured process in which a neutral third party, the mediator, assesses the positions of the conflicting parties and offers opinions or recommendations to facilitate a resolution. This approach combines elements of negotiation and mediation, allowing the mediator to provide guidance based on their expertise, which can lead to more informed decision-making by the parties involved.

5 Must Know Facts For Your Next Test

1. Evaluative mediation is often used in legal disputes where parties seek specific outcomes based on legal rights or liabilities.
2. The mediator in evaluative mediation plays an active role by providing insights into the strengths and weaknesses of each party's case.
3. This type of mediation can encourage settlement by highlighting potential consequences of not reaching an agreement.
4. Evaluative mediation is distinct from facilitative mediation, as it involves more direct intervention and guidance from the mediator.
5. It is particularly useful in disputes involving complex issues that benefit from the mediator's expertise and experience.

Review Questions

• How does evaluative mediation differ from facilitative mediation in terms of the mediator's role?
  • Evaluative mediation differs from facilitative mediation primarily in the level of involvement of the mediator. In evaluative mediation, the mediator takes an active role by assessing the situation, providing opinions, and suggesting possible resolutions based on their expertise. In contrast, facilitative mediation focuses on helping parties communicate effectively and arrive at their own solutions without directing them toward a specific outcome.
• What are some advantages and disadvantages of using evaluative mediation in conflict resolution?
  • One advantage of evaluative mediation is that it can expedite resolution by providing parties with expert insights into their cases, potentially leading to quicker settlements. However, a disadvantage is that it may reduce party autonomy, as the mediator's recommendations could pressure them into accepting solutions they might not fully agree with. Additionally, evaluative mediation may lead to a more adversarial atmosphere if parties feel judged by the mediator's assessments.
• Evaluate how evaluative mediation might influence outcomes in legal disputes compared to traditional litigation.
  • Evaluative mediation can significantly influence outcomes in legal disputes by promoting earlier resolutions and reducing costs associated with prolonged litigation. Unlike traditional litigation, which can be lengthy and adversarial, evaluative mediation encourages cooperative problem-solving while still providing expert guidance. This hybrid approach may lead to more satisfactory resolutions for both parties since they receive insights into the potential consequences of their choices while still having control over the final agreement.

Related terms

Facilitative mediation: A type of mediation where the mediator assists the parties in communicating and understanding each other without directing them toward a specific outcome.

Negotiation: A dialogue between two or more parties aimed at reaching a mutual agreement or resolving a conflict.

Arbitration: A dispute resolution process where a neutral third party makes binding decisions for the conflicting parties after considering their arguments.