Evaluative mediation

Definition

Evaluative mediation is a form of dispute resolution where a neutral mediator assists the parties in understanding the strengths and weaknesses of their positions, often providing their own assessments and opinions about the likely outcomes of a case. This approach contrasts with facilitative mediation, where the mediator focuses more on helping parties communicate and negotiate without offering opinions. Evaluative mediation is particularly relevant in family courts, where issues such as custody, child support, and division of assets can be complex and emotionally charged.

5 Must Know Facts For Your Next Test

1. Evaluative mediation can provide parties with insight into how a judge might view their case, which can help them make more informed decisions.
2. This approach can be particularly beneficial in family court settings, where emotional factors often complicate negotiations.
3. In evaluative mediation, mediators may suggest potential settlement options based on their assessment of the case.
4. The use of evaluative mediation can lead to quicker resolutions since it encourages parties to consider realistic outcomes.
5. Some critics argue that evaluative mediation may undermine the self-determination of the parties involved by imposing the mediator's views.

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 mediator's role. In evaluative mediation, the mediator actively assesses the strengths and weaknesses of each party's position and may offer opinions on potential outcomes. In contrast, facilitative mediation focuses on helping parties communicate better and negotiate without providing personal assessments or recommendations, allowing them to reach their own agreements more autonomously.
• What are some advantages of using evaluative mediation in family court disputes?
  • Evaluative mediation offers several advantages in family court disputes, such as providing parties with valuable insights into how a judge might rule on their case. This understanding can lead to more informed decision-making and potentially quicker resolutions. Additionally, by suggesting settlement options based on their assessment, mediators can help parties navigate complex emotional issues and arrive at mutually agreeable solutions.
• Critically analyze the potential drawbacks of evaluative mediation in resolving family law disputes compared to other mediation styles.
  • While evaluative mediation can be effective in providing guidance, it also has potential drawbacks that must be considered. One major concern is that it may undermine the self-determination of the parties involved by imposing the mediator's views on what a reasonable outcome should be. This can lead to dissatisfaction or resentment if one party feels pressured to accept a solution they do not fully support. Additionally, relying too heavily on a mediator's evaluations might limit the creative problem-solving opportunities that could arise from a more facilitative approach. Thus, it's crucial for parties to weigh these factors when choosing a mediation style.

Related terms

facilitative mediation:

A mediation style focused on assisting parties in communication and negotiation, without providing evaluative feedback or recommendations.

mediator: A neutral third party who facilitates discussions between disputing parties to help them reach a voluntary agreement.

family law: A legal area that deals with family-related issues and domestic relations, including marriage, divorce, child custody, and support.