In contrast, newer Facilitative Mediators used Facilitative Mediation interventions during the entire session — the same with Transformative mediators,
Evaluative mediators, etc..
Judges or experienced litigators are often the best
evaluative mediators, since they can draw on their experience in the courtroom to help the parties evaluate and analyze the case.
Evaluative mediators generally separate the parties into different rooms, with the mediator carrying offers and counteroffers back and forth.
Good
evaluative mediators also take into account any goals the parties may have the could not be resolved in court.
I am also an RICS accredited
Evaluative Mediator and...
In the end, when it comes down to money
an evaluative mediator is usually the best way to get a case settled.
Discourage marketing approaches that label a prospective professional mediator as a «Retired Judge Mediator,» «Therapist Mediator,» «Early Neutral
Evaluative Mediator,» or «Lawyer Mediator,» because these are misleading to the public by combining two distinctly different professions.
Not exact matches
Mediator - arbitrators are encouraged to consider the potential pitfalls of making «
evaluative comments» that might give an appearance of bias, Hickman adds.
Michael's later comment suggests that a less linear approach to interests is preferable: «The best
mediators are able to shift back and forth between facilitative and
evaluative styles, as the situation requires».
Peisley points out that the facilitative /
evaluative divide has been almost an article of faith in mediation circles for the past 15 years (citing Professor Leonard Riskin's theory of
mediator orientation as facilitative or evaluative and the problem definition as either «narrow» [position - based] or «broad» [interest - based]-- Riskin, «Understanding Mediator Orientations, Strategies and Techniques: A Grid for the Perplexed» (1996) 1 Harvard Negotiation la
mediator orientation as facilitative or
evaluative and the problem definition as either «narrow» [position - based] or «broad» [interest - based]-- Riskin, «Understanding
Mediator Orientations, Strategies and Techniques: A Grid for the Perplexed» (1996) 1 Harvard Negotiation la
Mediator Orientations, Strategies and Techniques: A Grid for the Perplexed» (1996) 1 Harvard Negotiation law Review
Among trained and experienced
mediators, we recognize distinct styles of mediation: Facilitative,
Evaluative and Transformative.
Experienced
mediators manifested four «modes» of intervention within every session: An Educational mode; a Rational - Analytic mode; a Normative (
Evaluative) mode; and a Therapeutic mode.
Evaluative approach
mediators look at the cost benefit analysis and legal perspective of your positions while seeking to promote a resolution of the issues.
People write about facilitative mediation, transformative mediation,
evaluative mediation, med - arb (short for mediation - arbitration) and then there are people with cards printed up that say Christian
Mediator, Lawyer
Mediator, Mediation Coach and one I saw the other day said Certified Divorce Financial Planning
Mediator.
I think that the
evaluative style is adopted by attorney -
mediators, particularly early in their mediation careers, because it's what we're used to as attorneys: back when I represented individual clients, I told them what to do.
Then in the early 1990s, Len Risken wrote his article about how people should be able to select either «facilitative» or «
evaluative»
mediators.
Unlike arbitration or a court action, the professional
mediator has no power to decide the issues in disagreement between the parties and to obligate the parties to her decision (unless it is an
evaluative mediation and the parties have agreed as state above).