Facilitative or Evaluative Mediation? What's the Difference?

Mediation is usually considered a facilitative process, where a mediator helps guide the parties in communicating their positions to each other and keep them focused and moving toward a mutually beneficial resolution. However, mediation is often partly evaluative, in which a mediator provides an evaluation of each party’s positions to help them make a better-informed decision about the benefits of resolving their dispute. If you are entering into mediation, it is good to know whether you want or need a facilitative or evaluative mediator or a combination of the two, and how they work.

A facilitative mediator attempts to facilitate negotiation between the parties. The mediator doesn’t make recommendations or render a decision to resolve the dispute, but only guides the parties through communications to help them understand the other side’s position and reach their own resolution. An evaluative mediator may provide an assessment of the relative strengths and weaknesses of each party’s position and may also offer a prediction or opinion regarding the likely outcome on the merits of the case to help persuade the parties to resolve the dispute out of court. (The evaluative mediator does not decide the dispute for the parties unless they consent to binding mediation and give the mediator the authority to do so.)

Which is better? It depends on various factors, including what the parties want and expect from the mediation process. In many cases, having a facilitative mediator who is willing to provide an evaluation of the case is helpful to resolving a dispute, especially where the parties are looking to the mediator to help guide them to an appropriate resolution, or if an attorney needs a mediator’s help in educating a client about the merits of their case. For example, if a party is unwilling to settle because they have an unrealistic expectation regarding the eventual outcome in court (a common occurrence), an evaluative mediator can inform the party that the outcome of a trial might be far less beneficial than accepting a pending settlement offer and help that party achieve a just resolution. Some mediators are facilitative only, and won't give an opinion about a likely outcome; others are willing to "play judge" and give the parties feedback about possible outcomes--both positive and negative.

Regardless of whether you use a facilitative or evaluative mediator, choosing a skilled mediator is one of the keys to achieving a successful result. “The guidance of a skilled mediator is key to the success of the mediation process.” -- Mediation Training Manual (2008): Dispute Resolution Center of King County.

For more information or to schedule a mediation, call Pacific States Mediation LLC at (206) 420-2466 or email us at pacificstatesmediation@gmail.com.