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![]() ![]() Standing in direct contrast to facilitative mediation is evaluative mediation, a type of mediation in which mediators are more likely to make recommendations and suggestions and to express opinions. But when parties on both sides see the benefits of engaging in the process, settlement rates are much higher. When parties and their attorneys are reluctant to engage in mediation, their odds of settling through court-mandated mediation are low, as they may just be going through the motions. In facilitative mediation, mediators tend to keep their own views regarding the conflict hidden.Īlthough mediation is typically defined as a completely voluntary process, it can be mandated by a court that is interested in promoting a speedy and cost-efficient settlement. Rather than making recommendations or imposing a decision, the mediator encourages disputants to reach their own voluntary solution by exploring each other’s deeper interests. In facilitative mediation or traditional mediation, a professional mediator attempts to facilitate negotiation between the parties in conflict. Claim your FREE copy: Mediation Secrets for Better Business Negotiationsĭownload this FREE special report, Mediation Secrets for Better Business Negotiations: Top Techniques from Mediation Training Experts to discover mediation techniques for selecting the right mediator, understand the mediation process and learn how to engage the mediator to ensure a good outcome from the Program on Negotiation at Harvard Law School.
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