Originally from Dispute Resolution Journal

“Evaluation is a legitimate weapon in the mediator’s arsenal, one that can be either effective or explosive depending on how and when it is used,” say the authors. They provide recommendations for its effective employment as a means of resolving disputes between parties who hold unrealistic views of the merits. The use of evaluation, however, is not without risks, as Golann and Aaron point out. Their article is an effective map that guides readers safely around the potential pitfalls.

Evaluation is a controversial issue. Some mediation theorists believe that the technique has no place in “true” mediation, a purely facilitative process in which parties are left free to make their own judgments about the merits of a case without interference from the mediator.1 We hold a different view. Evaluation is a legitimate weapon in the mediator’s arsenal, one that can be either effective or explosive depending on how and when it is used.