Evaluative Mediation

Definition

Evaluative mediation is a conflict resolution process where a neutral third party, the mediator, assesses the strengths and weaknesses of each side's case and offers suggestions to help resolve the dispute. This approach combines elements of facilitative mediation with evaluative techniques, allowing the mediator to provide expert guidance while still promoting collaboration between the parties involved. Evaluative mediation is especially useful in situations where parties are struggling to find common ground and require more structured intervention to reach an agreement.

5 Must Know Facts For Your Next Test

1. Evaluative mediation is often used in legal disputes, where mediators help parties understand potential outcomes if the case were to go to trial.
2. This mediation style encourages a more structured dialogue, as mediators may suggest possible solutions or compromises based on their assessment of the situation.
3. The effectiveness of evaluative mediation can depend on the mediator's expertise in the subject matter related to the dispute, which can enhance their credibility and influence.
4. While evaluative mediation can lead to quicker resolutions, it may also risk reducing the parties' ownership of the final agreement since solutions are suggested by the mediator.
5. It's important for mediators using this approach to maintain neutrality and avoid advocating for one party over another, even while providing evaluations.

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 how the mediator engages with the parties. In evaluative mediation, the mediator actively assesses each party's position and provides suggestions for resolution based on their analysis of the situation. In contrast, facilitative mediation emphasizes empowering parties to communicate openly and collaboratively find their own solutions without direct input or evaluation from the mediator.
• Discuss the advantages and disadvantages of using evaluative mediation in resolving disputes.
  • The advantages of evaluative mediation include a quicker resolution process and expert guidance that can help clarify complex issues for both parties. However, some disadvantages may include a potential decrease in party ownership over the agreement and a risk that one side may feel pressured into accepting a solution proposed by the mediator. This dynamic can create tension if one party perceives that they have not had equal say in shaping the final outcome.
• Evaluate how evaluative mediation impacts party satisfaction with the resolution process compared to other mediation styles.
  • Evaluating the impact of evaluative mediation on party satisfaction involves considering how this approach balances expert advice with party engagement. While some parties may appreciate having a knowledgeable mediator provide direction and potential solutions, others might feel less satisfied if they perceive that their voices were overshadowed by the mediator's evaluations. Ultimately, satisfaction levels can vary significantly based on individual preferences for control in negotiations and whether they value structured guidance or prefer to lead discussions themselves.

Related terms

Facilitative Mediation: A mediation style focused on helping parties communicate and negotiate their own resolutions without the mediator providing opinions or assessments.

Arbitration: A form of dispute resolution in which a neutral third party makes a binding decision after hearing arguments and evidence from both sides.

Interest-Based Negotiation: A negotiation approach that prioritizes mutual interests and collaborative problem-solving rather than adversarial tactics.