Evaluative mediation

Definition

Evaluative mediation is a process where the mediator takes an active role in assessing the merits of each party's position and may provide opinions or suggestions regarding potential outcomes. This approach contrasts with facilitative mediation, where the mediator primarily helps parties communicate without offering personal evaluations. By providing assessments, evaluative mediators help parties understand the strengths and weaknesses of their positions, guiding them toward a resolution that is often more informed and realistic.

5 Must Know Facts For Your Next Test

1. Evaluative mediation can be particularly effective in situations where parties are entrenched in their positions and need guidance on the possible outcomes of their case.
2. Mediators using this approach often have specialized knowledge or experience in the subject matter of the dispute, allowing them to provide informed evaluations.
3. This type of mediation can lead to quicker resolutions as parties may be more willing to negotiate when they receive clear feedback about the feasibility of their demands.
4. Evaluative mediation may sometimes lead to a power imbalance if one party is more receptive to the mediator's opinions than the other.
5. While evaluative mediation can expedite resolution, it risks reducing party autonomy, as participants may rely heavily on the mediator's suggestions rather than developing their own solutions.

Review Questions

• How does evaluative mediation differ from facilitative mediation in terms of the mediator's role?
  • In evaluative mediation, the mediator actively assesses and provides opinions on the merits of each party's position, offering guidance that can influence their decisions. In contrast, facilitative mediation focuses on enabling communication between parties without imparting personal evaluations or recommendations. This means that in evaluative mediation, the mediator takes a more directive approach while in facilitative mediation, they promote dialogue and allow parties to explore their options independently.
• What are some potential benefits and drawbacks of using evaluative mediation compared to other mediation styles?
  • Evaluative mediation can lead to faster resolutions by providing clear feedback on each party's position and potential outcomes. However, it may also create an imbalance of power if one party is more influenced by the mediator's suggestions. Additionally, while it can clarify complex issues and help parties make informed decisions, it may reduce party autonomy as they might rely too heavily on the mediator’s evaluations rather than developing their own solutions. Other styles like transformative or facilitative mediation prioritize empowerment and dialogue over evaluation, which can lead to deeper understanding but potentially longer resolution times.
• Evaluate how the use of evaluative mediation might impact long-term relationships between disputing parties.
  • The impact of evaluative mediation on long-term relationships can be significant. While it may facilitate a quicker resolution to disputes, it could also foster dependency on the mediator’s assessments, leaving parties feeling less capable of resolving future conflicts independently. If one party perceives that they were unfairly influenced by the mediator's opinions, it could lead to resentment or mistrust. Conversely, if both parties feel that they received fair evaluations and reached a mutually agreeable solution, it can strengthen their relationship by establishing a framework for constructive communication in future interactions.

Related terms

facilitative mediation: A style of mediation where the mediator focuses on facilitating dialogue between parties without expressing opinions or evaluations about the dispute.

transformative mediation: A type of mediation that aims to change the interpersonal relationships between parties, focusing on empowerment and recognition rather than simply resolving the dispute.

neutrality: The principle that mediators should remain impartial and not take sides during the mediation process, ensuring fair treatment for all parties involved.