Forms of mediation

Facilitative mediation is applied to community, environmental, family and partnership disputes. Evaluative mediation is applied in commercial disputes including trade practices, matrimonial property disputes, personal injury disputes and anti-discrimination disputes. Facilitative mediation avoids positions that have been established and  negotiates on the basis of the underlying needs and interests in lieu of their strict legal entitlements.  Evaluative mediation is designed to reach a settlement according to the legal rights.

Facilitative Mediators have expertise in mediation process but no   knowledge of the subject matter of the dispute.  Mediators in evaluative mediation have an expertise in the substantive areas of dispute but no qualifications in mediation. 

In facilitative mediation the Mediators role is to conduct the process which will include maintaining a constructive dialogue between the parties.  Evaluative Mediators provide additional information and seek to persuade the parties by bringing in professional expertise to influence the content of the negotiations. 

Facilitative mediation involves a low intervention role for the Mediator and the parties are encouraged to produce outcomes around their mutual interests.  In evaluative mediation there is a high intervention level and the parties have less influence over the process.

Facilitative mediation can make efficient use of negotiation opportunities under the control of the parties.  In evaluative mediation the Mediators substantive expertise is employed and the outcome influenced within a range of parameters.

Facilitative mediation can be protracted.  It requires inter-personal skills and a substantial input from all parties involved.  Evaluative mediation  involves additional responsibilities exercised by the Mediator who may be called upon to provide a formal non-binding recommendation as to the most appropriate outcome.

A mediation process may involve the application of both forms of mediation process at different stages.  The rules provide for the  Mediator in agreement with the parties to move from a facilitative process to an evaluative process if an impasse occurs.