Mediation theory describes two distinct models of mediation – “facilitative” and “evaluative” mediation – as if they are mutually exclusive. In reality, they are not. These techniques are complementary, and mediators often use them in the same case.
These terms are misleading and have led to counterproductive conflict within the mediation community.
This program will provide clearer concepts to help mediators calibrate their actions more effectively. It will show how mediators can help parties and lawyers assess parties’ interests and risks to promote satisfactory agreements. Regardless of mediators’ professional philosophies, mediators can adapt these techniques to the circumstances of each case.
The content of this program does not meet requirements for continuing legal education (CLE) accreditation. You will not receive CLE credit for attending.