When a mediator guides the mediation process, but does not express an opinion, this is called mediation.

facilitating

Explanation: There are two main styles of mediation. In facilitative mediation, the mediator guides the mediation process, but doesn’t express opinions on the merits of each party’s position. Instead, the mediator assists the parties in reaching a mutually agreeable resolution by asking questions that bring out each party’s point of view, including the underlying interests of each party. The mediator may assist the parties in finding and analyzing options for resolution, but doesn’t make recommendations or predict the outcome if the matter were to go to trial.

In evaluative mediation, however, the mediator gives opinions about the merits of the case, pointing out weaknesses in the position of the parties, and may predict what a judge or jury likely would do. Evaluative mediators may have special expertise in the area of law in question. An evaluative mediator might make formal or informal recommendations to the parties as to the outcome of the issues. Mediation of malpractice claims is often evaluative mediation. PF