Evaluative
Lets start with the basics....
Mediation is the process of cooperatively resolving issues in a divorce with the assistance of neutral experts in the field, rather than the two-lawyer adversary/litigation process. There are several mediation types or styles but they all have a few things in common.......
They are all a confidential process
They are all a voluntary process
You are in control of the outcome and solution
But after that, the style or types of Mediation vary greatly.
Evaluative Mediation is based on the belief that mediators with expertise in the issues in conflict can help the parties to assess the strengths and weaknesses of their legal or other positions and work to achieve settlements. The mediator controls the process and suggests solutions for resolving the conflict and actively inserting his or her own opinion in the negotiations. Individual meetings between the mediator and one party at a time (called "caucuses") are a major component of evaluative mediation.
The focus of an evaluative mediation is primarily upon settlement. The mediators will make their best efforts to get the parties to compromise, if necessary, to achieve a result and may "push" you to settle by pointing out the flaws in your position. This aggressive style of mediation focuses on the legal rights of the parties rather than their interests. The mediator's role is to hear the different points of view and speculate on what a judge and jury would decide if this case were brought to court.
Mediators using this mediation style evaluate based on legal rights and fairness and try to come to a workable resolution that meets these standards. Because this type of evaluation requires a mediator with legal expertise, evaluative mediators are often attorneys or retired Judges. Additionally, evaluative mediators may determine whether or not it would be more cost effective to litigate.
