Moving Beyond the 'Facilitative' and 'Evaluative' Divide: Considering Techniques That Can Further the Goals of Mediation

Abstract

Since approximately 1994 when Leonard Riskin published his seminal article describing the role of a mediator using a grid containing, inter alia, a continuum of “facilitative” to “evaluative” behaviours, the discourse on mediator styles and techniques have largely been framed using those terms. This paper proposes to approach the issue of different mediation behaviours and styles from a different perspective – one that has practical value to the conduct of mediations – by considering whether specific mediation techniques that arguably have “evaluative” elements should or should not be open for mediators to use in the light of the values of mediation and the goals it seeks to achieve.6 Before engaging in this analysis, however, it is first important to understand the nature of the divide between “facilitative” and “evaluative” mediation as well as define the values and goals of mediation.

Keywords: Mediation