Facilitative Versus Evaluative Civil Mediation in Dallas Texas


Civil mediation in Dallas Texas is available for parties to civil disputes who would like to resolve their differences without having to go to court. Practically any legal dispute can be resolved with the assistance of a trained mediator helping disputing parties in their efforts to reach a settlement agreement. If you are interested in civil mediation in Dallas Texas, contact a local civil mediator for a consultation to learn how mediation can work for you.

Civil mediation is an out-of-court, non-adversarial alternative dispute resolution procedure where an impartial mediator promotes productive negotiations between or among parties involved in a civil dispute. While each mediators has his or her own mediation style, civil mediation can take either a facilitative or evaluative approach. The facilitative mediation method focuses on assisting the parties in reaching a mutually agreeable resolution on their own. The facilitative civil mediator poses questions to the parties, validates each parties’ point of view, and points out the common interests and goals shared by the parties in order to help them analyze their options for resolution.

In contrast, in an evaluative civil mediation session, the mediator assists the parties by pointing out the weaknesses of their cases, and helps the parties to predict what a judge or jury would likely decide. Evaluative mediators often make recommendations about resolution options, although the parties themselves ultimately control the outcome of the mediation. Before you mediate your civil dispute, you should consider what type of mediation approach would work best for you.

Many mediators will use both evaluative and facilitative processes in the same mediation session, both helping the parties to evaluate claims and defenses and facilitating the resolution of the claims after they have been evaluated.