Mediation
Facilitative vs Evaluative Mediation
Explore facilitative and evaluative mediation models, their core principles, and application in diverse dispute resolution settings.
- Intermediate
- English
- 2 Weeks
- 6 lessons
What you will learn?
Distinguish facilitative and evaluative models
Identify appropriate mediation approaches
Apply model selection to dispute types
Understand industry-specific mediation uses
Who this course is for
Mediators seeking deeper understanding of mediation models
Students of ADR exploring advanced techniques
Legal professionals advising clients in mediation
Dispute resolution practitioners designing effective processes.
Prerequisites
Basic mediation knowledge
Familiarity with ADR principles
Interest in applying different mediation techniques
Willingness to engage in comparative analysis exercises.
Why this course
Explains core differences between facilitative and evaluative mediation, Provides guidance on selecting the appropriate model, Enhances mediator adaptability across contexts, Improves client advisory capabilities for legal professionals, Strengthens strategic decision-making in dispute resolution, Prepares practitioners for using hybrid mediation models effectively.
Course content
Objective
Gain foundational knowledge of the two dominant mediation models and their underlying principles.
Key topics
Explain the core principles of facilitative mediation
Define the key characteristics of evaluative mediation
Analyse the philosophical differences between both models
Understand the mediator’s role in each framework
Identify how these models shape party engagement
Recognise the impact on mediation dynamics.
Week 1
Lesson 1
Preview available
Online
Video Lectures
60 min
Activity
Complete a practical exercise and write a short reflection aligned with the lesson objective.
Objective
Learn how process design varies between facilitative and evaluative mediation and its effect on negotiation flow.
Key topics
Compare procedural steps in facilitative versus evaluative mediation
Understand the role of information exchange in each model
Apply appropriate questioning and reframing techniques
Recognise how structure influences party autonomy
Analyse implications for settlement negotiation
Develop flexibility in adapting model structures.
Week 1
Lesson 2
Online
Video Lectures
60 min
Activity
Run a mediation role-play (opening ? caucus ? settlement) and write a 5-bullet reflection.
Objective
Master decision-making for selecting mediation styles tailored to dispute characteristics and stakeholder expectations.
Key topics
Identify dispute types suitable for facilitative mediation
Recognise contexts favouring evaluative approaches
Analyse cultural considerations in model selection
Balance legal complexity with party autonomy
Apply criteria for choosing the right model
Anticipate risks of model misapplication.
Week 1
Lesson 3
Online
Video Lectures
60 min
Activity
Complete a practical exercise and write a short reflection aligned with the lesson objective.
Objective
Understand the benefits and constraints of each mediation model and how to optimise their use.
Key topics
Assess strengths of facilitative mediation in preserving relationships
Identify scenarios where evaluative mediation enhances efficiency
Understand limitations of neutrality in evaluative models
Explore risks of undermining party self-determination
Evaluate effectiveness through real-world case outcomes
Develop strategies to overcome model-specific challenges.
Week 2
Lesson 4
Online
Video Lectures
60 min
Activity
Complete a short case study worksheet and summarize your decision/recommendation.
Objective
Discover how hybrid models integrate facilitative and evaluative elements to meet complex dispute needs.
Key topics
Explore the emergence of blended mediation techniques
Understand why hybrid models are gaining traction
Analyse the role of party consent in hybrid approaches
Apply techniques for balancing evaluative input with facilitation
Recognise ethical issues in combining models
Anticipate future trends in mediation practice.
Week 2
Lesson 5
Online
Video Lectures
60 min
Activity
Analyze an ethics scenario and write a short “what would you do” response with reasons.
Objective
Apply theoretical knowledge in practical scenarios to refine skills in model selection and execution.
Key topics
Review real-world case scenarios comparing both models
Engage in simulation exercises applying facilitative and evaluative strategies
Identify critical factors influencing model effectiveness
Analyse mediator interventions in practice
Develop adaptability through feedback-driven exercises
Create personalised strategies for future mediations.
Week 2
Lesson 6
Online
Video Lectures
60 min
Activity
Complete a short case study worksheet and summarize your decision/recommendation.
Description
Mediation is not a one-size-fits-all process. The two dominant models—facilitative and evaluative—offer different approaches to conflict resolution, each with unique strengths, limitations, and implications for parties involved. Understanding these differences is essential for mediators, lawyers, and ADR professionals aiming to tailor processes to dispute-specific needs.
This course provides a deep dive into the theoretical underpinnings and practical techniques of facilitative and evaluative mediation. Participants will learn when to apply each model, the role of the mediator within these frameworks, and how cultural, commercial, and legal factors influence the choice of approach.
The programme also covers hybrid models and emerging trends, preparing participants to adapt to the evolving ADR landscape. Through case studies and simulations, learners will gain practical insights into how model selection impacts negotiation dynamics, settlement durability, and party satisfaction.
This course provides a deep dive into the theoretical underpinnings and practical techniques of facilitative and evaluative mediation. Participants will learn when to apply each model, the role of the mediator within these frameworks, and how cultural, commercial, and legal factors influence the choice of approach.
The programme also covers hybrid models and emerging trends, preparing participants to adapt to the evolving ADR landscape. Through case studies and simulations, learners will gain practical insights into how model selection impacts negotiation dynamics, settlement durability, and party satisfaction.
Instructor
Mian Sheraz Javaid
Develop Practical Skills to Mediate Disputes Effectively.
Sheraz draws from his rare dual expertise as an engineer and barrister to offer elite training in contract drafting. These programs are crafted for professionals who draft or review complex contracts and seek to enhance clarity, enforceability, and risk control across jurisdictions and sectors.
