May 20, 2020 Articles

How to Evaluate Rather than Whether to Evaluate

Just as not all audiences equally receive all evaluations, not all evaluations are equal.

By Joan Stearns Johnse

The debate in the world of mediation is generally one of facilitative versus evaluative. The origins of this debate may derive from the perceived admonitions of various mediator ethics rules. This is largely a misperception. In fact, the ethics requirements and best practices of most states as well as those of the Model Mediation Act stress the importance of party autonomy and party self-determination. For some reason, this has translated into a sort of informal rule prohibiting evaluation.

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