How is facilitative mediation different from evaluative mediation?

In evaluative mediation, the mediator usually starts with a facilitative approach, but if an agreement cannot be reached, the mediator will offer his or her thoughts, ideas and evaluative feedback on the issues. If they do not, the mediation process is limited to facilitative mediation.

What is evaluative mediation?

Evaluative mediation focuses on settlement of the claim, and decisions are often based on legal analysis and often involve compromise or a fixed pie form of negotiation. Evaluative mediators often work in caucus.

What are the two types of mediation?

There are two different styles of mediation, pro se and conventional. Conventional mediation is also referred to as caucus mediation. At our practice, pro se mediation is the type of mediation used most often.

Are there different types of mediation?

The main types of mediation are transformative, facilitative, and evaluative. The types or styles of mediation are most evident in the control that a mediator exerts over the process as a mediation proceeds.

What is the difference between evaluative and facilitative mediation?

Evaluative mediation emerged in court-mandated or court-referred mediation. Attorneys normally work with the court to choose the mediator, and are active participants in the mediation. The parties are most often present in the mediation, but the mediator may meet with the attorneys alone as well as with the parties and their attorneys.

Who are the evaluative mediators in the court system?

Because of the connection between evaluative mediation and the courts, and because of their comfort level with settlement conferences, most evaluative mediators are attorneys. Transformative mediation is the newest concept of the three, named by Folger and Bush in their book THE PROMISE OF MEDIATION in 1994.

How does a transformative mediator work in mediation?

Modern transformative mediators want to continue that process by allowing and supporting the parties in mediation to determine the direction of their own process. In transformative mediation, the parties structure both the process and the outcome of mediation, and the mediator follows their lead.

When to use a facilitator in a dispute?

Mediation may be helpful to resolve a personal disagreement with someone. Some business disputes and legal matters may be resolved by mediation. A facilitator using an evaluative mediation method may offer his opinion on aspects of the dispute.