The Evaluative and Facilitatory Mediation Processes - Essay Example

The facilitative style of mediation involves a third-party mediator who does not actively participate in the mediation process but rather functions as a catalyst, helping the parties to discuss their problems and negotiate a solution in an atmosphere of goodwill and trust. In the process of evaluative mediation, however, the mediator is a person who may move beyond the role of a facilitator and may offer an opinion on the issues under dispute, including an assessment of the strengths and weaknesses of the cases of the parties and the possible solutions that could be suggested.

The spirit behind mediation is that of allowing a resolution to a dispute that is negotiated by the parties in a non-adversarial environment. However, the evaluative mode of mediation is increasingly being likened to a court style adversarial approach and the differences developing between the facilitatory style and the evaluative style raise the question of whether it is appropriate to include both these forms of alternative dispute resolution under the common umbrella of mediation. Therefore, the question posed by this dissertation is: Is it appropriate to include both facilitatory and evaluative modes of mediation under the common umbrella of mediation or is it inappropriate to do so?

Chapter One of this Dissertation sets out the premise of this research study, its scope and objectives, methodology and limitations. Chapter Two offers a discussion of the two forms of mediation and the kinds of practices that are used in each. Chapter Three offers a literature review of comparison and contrast of the two systems, employing the views of experts. Chapter Four includes a discussion of the issue of including both these kinds of mediation under a common umbrella and whether or not it is appropriate to do so, thereby also offering recommendations for future research.

Mediation is becoming an increasingly viable dispute resolution option, especially in view of the adversarial court-based system which also involves the services of expensive lawyers, often placing it out of the reach of common people. According to O’Brien, the exclusive nature of expert services often means that the “little guy” – the consumer who purportedly is to benefit from these expert services, is often the last priority and he/she lands up paying enormous amounts in legal fees to employ both a barrister and solicitor under the English legal system (O’Brien, 1998: 12-15).