Mediation v. Litigation: Evaluative Mediation

This is Video #4 in this series. In the last three, I have discussed the distinct questions asked in litigation versus mediation, based on the amount of control the attorneys and court want to exercise. In litigation, there is a lot of control exercised by others. Conversely, mediation is non-adversarial and works to keep the control over the outcome in the hands of the parties.
Yet some mediators use an Evaluative Mediation style that can seem a lot like litigation, arbitration, or a combination of mediation and arbitration. In these mediations, the parties:
- Have less control
- Might be encouraged to consider a mediator's proposal
- Can feel judged
- Often remain entrenched in their adversarial positions
In the next video, I will discuss how the Third Ear Conflict Resolution process is more transformative and why it is the method I prefer.
If you would like to discuss the possibilities of mediating your workplace dispute, schedule a consultation using this link: calendly.com/d...