Active Listening: Facilitative Vs. Evaluative Mediation (Explained)

Discover the surprising difference between facilitative and evaluative mediation through the power of active listening.

Step	Action	Novel Insight	Risk Factors
1	Understand the difference between facilitative and evaluative mediation	Facilitative mediation focuses on the process of communication and problem-solving, while evaluative mediation focuses on the outcome and involves the mediator giving their opinion	Risk of confusion between the two types of mediation, leading to ineffective conflict resolution
2	Develop communication skills	Active listening, empathy building, and non-judgmental approach are essential communication skills for both types of mediation	Risk of misinterpretation or misunderstanding due to poor communication skills
3	Establish a neutral third party	The mediator should be impartial and unbiased to ensure a fair and collaborative process	Risk of bias or favoritism towards one party, leading to an unfair resolution
4	Use problem-solving techniques	Collaborative problem-solving techniques, such as brainstorming and mutual understanding, can help parties reach a resolution	Risk of parties becoming stuck in their positions and unable to find a mutually beneficial solution
5	Avoid evaluative language in facilitative mediation	The mediator should avoid giving their opinion or making judgments in facilitative mediation to allow parties to come to their own resolution	Risk of the mediator unintentionally influencing the outcome of the mediation
6	Focus on conflict resolution	Both types of mediation aim to resolve conflicts, but facilitative mediation focuses on the process of communication and problem-solving, while evaluative mediation focuses on the outcome	Risk of parties becoming too focused on the outcome and losing sight of the importance of communication and understanding
7	Understand the benefits of each type of mediation	Facilitative mediation can improve communication and relationships between parties, while evaluative mediation can lead to a quicker resolution	Risk of choosing the wrong type of mediation for the specific conflict, leading to an ineffective resolution

Overall, active listening is a crucial component of both facilitative and evaluative mediation. However, the approach and focus of each type of mediation differ, and it is important to understand the benefits and risks of each approach to choose the most effective method for resolving a conflict. Additionally, developing strong communication skills and establishing a neutral third party are essential for successful mediation.

Contents

What is Evaluative Mediation and How Does it Differ from Facilitative Mediation?
The Role of a Neutral Third Party in Successful Conflict Resolution
Empathy Building: A Key Component to Effective Mediation
Achieving Mutual Understanding through Active Listening and Collaborative Processes
Common Mistakes And Misconceptions

What is Evaluative Mediation and How Does it Differ from Facilitative Mediation?

Step	Action	Novel Insight	Risk Factors
1	Evaluative Mediation	Evaluative mediation is a type of conflict resolution where the neutral third party acts as an evaluator and provides an opinion on the strengths and weaknesses of each party’s case.	The risk of evaluative mediation is that the mediator may be perceived as biased towards one party or the other.
2	Facilitative Mediation	Facilitative mediation is a type of conflict resolution where the neutral third party acts as a facilitator and helps the parties communicate and negotiate to reach a mutually agreeable solution.	The risk of facilitative mediation is that the mediator may not have the expertise to evaluate the strengths and weaknesses of each party’s case.
3	Communication Skills	In facilitative mediation, the mediator must have strong communication skills to help the parties express their needs and interests effectively.	The risk of poor communication skills is that the parties may not feel heard or understood, leading to a breakdown in the mediation process.
4	Negotiation Techniques	In evaluative mediation, the mediator must have strong negotiation techniques to help the parties reach a settlement.	The risk of poor negotiation techniques is that the parties may not feel that the settlement is fair or equitable.
5	Problem-Solving Strategies	In facilitative mediation, the mediator must have strong problem-solving strategies to help the parties identify and address the underlying issues causing the conflict.	The risk of poor problem-solving strategies is that the parties may not be able to reach a mutually agreeable solution.
6	Empathy	In both evaluative and facilitative mediation, the mediator must have empathy to understand the parties’ perspectives and emotions.	The risk of lacking empathy is that the parties may not feel that the mediator is taking their concerns seriously.
7	Impartiality	In both evaluative and facilitative mediation, the mediator must remain impartial and not take sides.	The risk of perceived bias is that the parties may not trust the mediator or the mediation process.
8	Confidentiality	In both evaluative and facilitative mediation, the mediator must maintain confidentiality to create a safe space for the parties to discuss sensitive issues.	The risk of breaching confidentiality is that the parties may not feel comfortable sharing information, leading to a breakdown in the mediation process.
9	Voluntary Participation	In both evaluative and facilitative mediation, the parties must participate voluntarily and be willing to work towards a mutually agreeable solution.	The risk of forced participation is that the parties may not be invested in the mediation process, leading to a breakdown in the mediation process.
10	Win-Win Solutions	In both evaluative and facilitative mediation, the goal is to reach a win-win solution where both parties feel that their needs and interests have been met.	The risk of a win-lose solution is that one party may feel that their needs and interests have not been met, leading to future conflict.
11	Mutual Agreement	In both evaluative and facilitative mediation, the parties must reach a mutual agreement for the mediation to be successful.	The risk of no agreement is that the parties may not be able to resolve their conflict and may need to pursue other options, such as litigation.
12	Collaboration	In both evaluative and facilitative mediation, the parties must collaborate and work together to reach a mutually agreeable solution.	The risk of lack of collaboration is that the parties may not be able to reach a mutually agreeable solution, leading to future conflict.
13	Negotiated Settlement	In both evaluative and facilitative mediation, the parties must reach a negotiated settlement that is fair and equitable.	The risk of an unfair or inequitable settlement is that one party may feel that their needs and interests have not been met, leading to future conflict.

The Role of a Neutral Third Party in Successful Conflict Resolution

Step	Action	Novel Insight	Risk Factors
1	The neutral third party should establish a safe and confidential environment for the parties involved in the conflict.	Confidentiality is crucial in conflict resolution as it allows parties to speak freely without fear of repercussions.	Risk of breach of confidentiality can lead to mistrust and further conflict.
2	The mediator should actively listen to both parties and use empathy to understand their perspectives.	Active listening and empathy are essential skills for a mediator to build trust and rapport with the parties involved.	Risk of bias or lack of understanding of one party’s perspective can lead to an unsuccessful resolution.
3	The mediator should remain impartial and not take sides in the conflict.	Impartiality is necessary for the mediator to gain the trust of both parties and facilitate a fair resolution.	Risk of perceived bias can lead to mistrust and further conflict.
4	The mediator should use effective communication skills to facilitate productive dialogue between the parties.	Effective communication skills are necessary for the mediator to guide the parties towards a resolution.	Risk of miscommunication or lack of communication can lead to an unsuccessful resolution.
5	The mediator should use negotiation techniques, problem-solving strategies, and consensus-building methods to help the parties reach a mutually beneficial agreement.	These tactics can help the parties find common ground and work towards a resolution that benefits both parties.	Risk of one party feeling like they have lost or not received a fair outcome can lead to further conflict.
6	The mediator should encourage collaboration and trust-building tactics between the parties.	Collaboration and trust-building can help the parties work together towards a successful resolution.	Risk of lack of collaboration or trust can lead to an unsuccessful resolution.
7	The mediator should ensure that the parties involved in the conflict have mutual respect for each other.	Mutual respect is necessary for the parties to work together towards a successful resolution.	Risk of lack of respect can lead to further conflict.

In summary, the role of a neutral third party in successful conflict resolution involves establishing a safe and confidential environment, actively listening with empathy, remaining impartial, using effective communication skills, using negotiation techniques, problem-solving strategies, and consensus-building methods, encouraging collaboration and trust-building tactics, and ensuring mutual respect between the parties involved. These actions can help the parties work towards a resolution that benefits both parties and avoids further conflict. However, there are risks involved in each step, such as breach of confidentiality, bias, miscommunication, lack of collaboration or trust, and lack of respect, which can lead to an unsuccessful resolution.

Empathy Building: A Key Component to Effective Mediation

Step	Action	Novel Insight	Risk Factors
1	Establish rapport with the parties involved in the conflict.	Building trust and rapport is crucial to creating a safe and comfortable environment for the parties to open up and share their emotions and needs.	The risk of not establishing rapport is that the parties may not feel comfortable sharing their emotions and needs, which can hinder the mediation process.
2	Use active listening skills to understand the emotions and needs of each party.	Active listening involves paying attention to the speaker, asking clarifying questions, and reflecting back what was said. This helps the mediator gain a deeper understanding of the parties’ perspectives and emotions.	The risk of not using active listening skills is that the mediator may miss important information or misunderstand the parties’ perspectives, which can lead to an ineffective mediation process.
3	Practice perspective-taking to understand each party’s point of view.	Perspective-taking involves putting oneself in the other party’s shoes and seeing the situation from their perspective. This helps the mediator understand the parties’ underlying needs and motivations.	The risk of not practicing perspective-taking is that the mediator may not fully understand the parties’ needs and motivations, which can lead to an ineffective mediation process.
4	Use empathic responses to show understanding and validate the parties’ emotions.	Empathic responses involve acknowledging and validating the parties’ emotions without judgment. This helps the parties feel heard and understood, which can lead to a more productive mediation process.	The risk of not using empathic responses is that the parties may feel dismissed or invalidated, which can lead to a breakdown in communication and an ineffective mediation process.
5	Use reflective listening to summarize and clarify the parties’ perspectives and needs.	Reflective listening involves summarizing and clarifying what the parties have said to ensure that the mediator has understood their perspectives and needs correctly. This helps to avoid misunderstandings and miscommunications.	The risk of not using reflective listening is that the mediator may misunderstand the parties’ perspectives and needs, which can lead to an ineffective mediation process.
6	Encourage mutual understanding and problem-solving.	The goal of mediation is to help the parties reach a mutually beneficial solution. Encouraging mutual understanding and problem-solving can help the parties work together to find a solution that meets both of their needs.	The risk of not encouraging mutual understanding and problem-solving is that the parties may become entrenched in their positions and unwilling to compromise, which can lead to an ineffective mediation process.

In conclusion, empathy building is a key component to effective mediation. By establishing rapport, using active listening skills, practicing perspective-taking, using empathic responses, using reflective listening, and encouraging mutual understanding and problem-solving, mediators can create a safe and comfortable environment for the parties to work together to find a mutually beneficial solution. However, the risks of not using these skills and techniques can lead to an ineffective mediation process.

Achieving Mutual Understanding through Active Listening and Collaborative Processes

Step	Action	Novel Insight	Risk Factors
1	Establish a non-judgmental attitude	A non-judgmental attitude is essential to creating a safe and respectful environment for all parties involved.	Risk of unintentionally making judgments or assumptions based on personal biases.
2	Practice active listening	Active listening involves fully focusing on the speaker and seeking to understand their perspective.	Risk of not fully comprehending the speaker’s message or interrupting them.
3	Use empathy to understand the speaker’s emotions	Empathy involves putting oneself in the speaker’s shoes and understanding their emotions.	Risk of not accurately identifying the speaker’s emotions or projecting one’s own emotions onto the situation.
4	Utilize communication skills to clarify and summarize the speaker’s message	Communication skills such as paraphrasing and summarizing can help ensure mutual understanding.	Risk of misinterpreting or misrepresenting the speaker’s message.
5	Collaborate to find a mutually beneficial solution	Collaborative problem-solving involves working together to find a solution that benefits all parties involved.	Risk of not finding a solution that satisfies all parties or not considering all possible solutions.
6	Use negotiation techniques to reach a compromise	Negotiation involves finding a middle ground that both parties can agree on.	Risk of not finding a compromise that fully satisfies either party or using manipulative tactics in negotiation.
7	Maintain a cooperative mindset	A cooperative mindset involves prioritizing the relationship between the parties and working towards a positive outcome.	Risk of becoming too focused on individual goals or becoming defensive.
8	Build trust through respectful communication	Trust is essential to successful conflict resolution and can be built through respectful communication.	Risk of not being perceived as trustworthy or not recognizing the importance of trust-building.
9	Be open-minded and culturally sensitive	Being open-minded and culturally sensitive can help prevent misunderstandings and promote mutual understanding.	Risk of unintentionally offending or disrespecting someone from a different culture or background.
10	Focus on achieving mutual understanding	Mutual understanding is the foundation of successful conflict resolution and should be the ultimate goal.	Risk of becoming too focused on individual goals or losing sight of the importance of mutual understanding.

Common Mistakes And Misconceptions

Mistake/Misconception	Correct Viewpoint
Active listening is only important in facilitative mediation.	Active listening is important in both facilitative and evaluative mediation. In fact, it is a fundamental skill for any mediator to have regardless of the type of mediation being used.
Facilitative mediation always involves active listening while evaluative mediation does not.	While active listening may be more emphasized in facilitative mediation, it can still be utilized in evaluative mediation as well. Evaluative mediators may use active listening to better understand the parties’ perspectives and help them reach a resolution that meets their needs and interests.
Evaluative mediators do not need to actively listen because they are focused on providing solutions or recommendations based on legal principles or standards.	Even though evaluative mediators may provide solutions or recommendations, they still need to actively listen to fully understand the parties’ positions and concerns before making any suggestions or decisions. Without active listening, an evaluator could miss key information that could impact their recommendation or solution offered during the process.
Active Listening means agreeing with everything said by one party over another party’s perspective.	Active Listening doesn’t mean agreeing with everything said by one party over another party’s perspective but rather understanding each side’s point of view without judgment so that you can facilitate communication between them effectively.