Mediation Styles (Facilitative, Evaluative)

Mediation Styles (Facilitative, Evaluative)

Mediation styles refer to the different approaches that mediators can adopt to guide disputing parties toward a resolution. The most common styles are facilitative and evaluative, each with distinct characteristics and methodologies.

Facilitative mediation is characterized by a mediator who acts primarily as a facilitator of communication between the parties. The mediator encourages open dialogue, allowing each party to express their views and emotions. The focus is on helping the parties identify their underlying interests and needs rather than imposing any judgment or solution. The mediator’s role is to create a supportive environment where both sides can collaborate to find mutually acceptable solutions.

Evaluative mediation, on the other hand, involves a mediator who takes a more active role in assessing the strengths and weaknesses of each party’s position. In this style, the mediator may provide feedback, offer legal insights, and suggest possible outcomes based on their expertise and understanding of the issues at hand. Evaluative mediators often aim to expedite the process by guiding the parties toward a resolution that is more likely to hold up in court or adhere to legal standards.

Each mediation style serves different needs and contexts, with facilitative mediation being more suitable for cases where relationship preservation is critical, and evaluative mediation being advantageous in situations where parties are looking for a quick resolution based on legal realities.

For example, in a family dispute over inheritance, a facilitative mediator might focus on helping family members communicate their feelings and reach an understanding that maintains their relationships. In contrast, in a business contract dispute where time is of the essence, an evaluative mediator might quickly assess the strengths of each party’s claims and propose a settlement that reflects potential court outcomes.