‘Evaluative’ mediators may reach agreements quicker than traditional ‘facilitative’ mediators

In insurance mediation, there are two different styles of mediators: facilitative and evaluative, and choosing the proper style could affect the timeliness of an agreement, Michael T.J. McGoey, defence counsel, Hughes Amys, told delegates at The Arc Group Canada’s third annual seminar in Toronto on Nov. 13.
It is important to know a mediator’s style beforehand, to ensure a mediator is not more laid back or more aggressive than required for a particular case, McGoey noted. 
Facilitative mediation is taught most often in mediation courses. 
In facilitative mediation, the mediator tends to look after the process of running the mediation upon the understanding that the parties involved will then interact with encouragement and some direction and basically solve their own problem and come to a deal on their own, McGoey said.
It tends to be more laid back on the part of the mediator and encouraging the parties to come to a deal on their terms, he added.
The evaluative style of mediation is, in McGoey’s opinion, the one that is being sought out and purchased by the marketplace. The more aggressive style of this type of mediator, he suggested, tends to reach agreements quicker than the more relaxed facilitative mediator.
The evaluative style of mediator gets involved, asks questions, offers opinions in terms of what’s likely going to occur and what will likely happen if the mediation does not settle and helps the parties understand the cost benefit of settling it now or trying it later, McGoey said.