Facilitative v. Evaluative v. Hybrid
The facilitative mediator structures the process to assist the parties in reaching a mutually agreeable resolution. The facilitative mediator does not make recommendations, give his/her advice or opinions as to outcomes or predict what a court or jury may do.
The evaluative mediator assists the parties by pointing out the strengths and weaknesses of the respective parties’ case. He/she may make formal or informal recommendations.
Hybrid-Every mediation should start out as facilitative. It is important for the mediator to LISTEN, LISTEN, LISTEN to counsel AND their client. Frequently, a party simply wants some third person to LISTEN to them. Therefore, I will start every mediation LISTENING AND LEARNING from each side. The process then frequently evolves into more evaluative. Attorneys and their clients frequently want my input and recommendations. It is important in the LISTENING process that I can assess if and when to make this transition from facilitative to evaluative.
A mediator’s qualifications and experience constitute the foundation upon which the mediation process depends. Likewise, a mediator should decline to serve if the mediator feels he/she does not possess the necessary qualifications or experience. Therefore, I will only mediate cases in which my practice was concentrated.