Evaluative mediation

Definition

Evaluative mediation is a form of dispute resolution where a neutral third party assesses the strengths and weaknesses of each side's position and offers opinions or suggestions to help facilitate a resolution. This type of mediation emphasizes the mediator's role in guiding the parties toward a more informed decision by providing evaluative feedback, which can lead to a quicker settlement. The approach aims to balance the interests of both parties while also considering the potential outcomes if the dispute were to proceed to litigation.

5 Must Know Facts For Your Next Test

1. Evaluative mediation can be particularly useful in disputes where parties are unable to see the strengths and weaknesses of their own arguments.
2. The mediator in evaluative mediation typically has expertise in the subject matter of the dispute, which allows them to provide informed opinions.
3. This approach may encourage parties to settle as they receive objective feedback on their case's viability and potential outcomes.
4. Evaluative mediation can sometimes be perceived as less collaborative than other forms of mediation since it involves a more directive role from the mediator.
5. It is commonly used in legal disputes, where understanding legal risks and potential judgments can significantly impact decision-making.

Review Questions

• How does evaluative mediation differ from interest-based mediation in terms of approach and objectives?
  • Evaluative mediation differs from interest-based mediation primarily in its focus and methodology. While evaluative mediation involves a mediator assessing the strengths and weaknesses of each party's position and offering guidance, interest-based mediation centers on understanding and addressing the underlying needs and interests of the parties involved. Evaluative mediation aims for a quicker resolution based on objective analysis, whereas interest-based mediation fosters collaboration and encourages creative solutions tailored to both parties' needs.
• What are some potential advantages and disadvantages of using evaluative mediation compared to facilitative mediation?
  • Evaluative mediation offers distinct advantages, such as providing parties with expert feedback that can clarify their positions and expedite settlement. However, it can also have drawbacks; for example, some participants may feel pressured by the mediator's opinions or perceive the process as less collaborative. In contrast, facilitative mediation promotes open communication and empowers parties to create their own solutions without direct intervention from the mediator. Therefore, while evaluative mediation can lead to faster outcomes, it may not foster the same level of partnership or satisfaction among disputants as facilitative methods.
• Evaluate how evaluative mediation might impact long-term relationships between disputing parties compared to binding arbitration.
  • Evaluative mediation often allows for a more amicable resolution process compared to binding arbitration, which can create a winner-loser dynamic that may strain future relationships. In evaluative mediation, since both parties are involved in the dialogue and receive constructive feedback, they may be more likely to maintain a working relationship post-dispute. Conversely, binding arbitration results in a final decision made by an arbitrator that neither party controls, which could lead to resentment or bitterness. Thus, evaluative mediation has greater potential for preserving relationships as it emphasizes collaboration and understanding throughout the resolution process.

Related terms

Interest-based mediation: A mediation approach that focuses on the underlying interests and needs of the parties rather than their stated positions.

Facilitative mediation: A type of mediation where the mediator helps the parties communicate and negotiate without providing opinions or recommendations.

Binding arbitration: A form of dispute resolution where an arbitrator makes a decision that is legally binding for both parties, often used when mediation fails.