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Evaluative mediation

4 May 2022

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This is a directive form of mediation in which the mediator evaluates the strength of a party’s position and points out the flaws in each party’s case. An evaluative mediator can make recommendations to the parties as to the possible outcomes of various issues. The key difference though with evaluative mediation and other forms of mediation is that the emphasis here is less on each person’s positions, needs and interest but more firmly focused on their legal rights and securing a legally binding solution. The evaluative mediator structures the process; however, they also directly influence the outcome of mediation. Evaluative mediation can be seen as the tool of the courts to help resolve cases which can be prolonged in the court system.