What are the most common challenges in the evaluative mediation process model and how can you overcome them?

2 Challenge 2: Self-determination

Self-determination is a core principle of mediation, which means that the parties have the autonomy and the power to decide the terms and the outcome of their dispute, without any external interference or influence. This is challenged in evaluative mediation, where the mediator's role is more influential and persuasive. To overcome this, you should recognize your own interests, needs, and goals, as well as those of the other party, and communicate them clearly and respectfully. Additionally, evaluate the mediator's assessment and recommendation objectively and compare them with your own expectations and alternatives. Negotiate based on your own values and priorities, not on the mediator's evaluation or suggestion. And remember that you have the freedom to accept or reject the mediator's assessment and recommendation, and that you can end the process at any time. Express any concerns or reservations about the mediator's assessment and recommendation, and seek clarification or modification if needed.

3 Challenge 3: Confidentiality

A third core principle of mediation is confidentiality, which means that the information and communication that occur during the process are private and protected, and cannot be disclosed without the parties' consent. However, evaluative mediation can raise issues of confidentiality if the mediator's analysis and proposal are based on confidential or sensitive information shared with them. To overcome this challenge, it is important to establish clear and explicit rules about confidentiality before the process begins and ensure that everyone abides by them. It is also necessary to limit the disclosure and use of confidential or sensitive information to what is necessary and relevant for the process, while obtaining consent before sharing it with others. Additionally, it is important to request and verify the sources and accuracy of the information used for analysis and proposal, as well as to protect and secure records or documents containing confidential or sensitive information. Finally, remember that confidentiality is not absolute or unconditional; there may be exceptions or limitations to it such as legal obligations or ethical duties.

4 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?