Mediation and ADR
Evaluative mediation
Also called evaluative process
A style or process in which the neutral gives an opinion on the strengths and weaknesses of each side's case, or on what a court might do, to help the parties settle.[1][2]
In more detail
In a settlement conference, the neutral, often a judge or experienced lawyer, may evaluate the case and recommend terms.[1] Early neutral evaluation is built around a confidential, non-binding assessment.[2] Some mediator standards limit evaluation: Virginia's bar a certified mediator from recommending a particular solution to the issues in dispute.[3] The opposite approach is facilitative mediation.
Varies by state
How much evaluation a mediator may offer depends on the state's mediator standards and the program. Find your state’s rules.
Related terms
- Facilitative mediationA style of mediation in which the mediator doesn't decide or evaluate the case but helps the parties communicate, identify issues and reach their own agreement.
- Early neutral evaluation (ENE)An ADR process in which an experienced neutral, usually a lawyer who knows the subject, hears both sides early in a case and gives a confidential, non-binding assessment of its strengths and likely value.
- Settlement conferenceA meeting where the parties and their lawyers try to settle with the help of an impartial person, often a judge or experienced lawyer, who may evaluate the case and suggest terms.
- NeutralAn impartial person with no stake in the outcome who helps the parties resolve a dispute.
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Sources
The official documents this definition is based on, with the date we last read each one. Definitions are in our own words.
General information, not legal advice. MediationList is not a law firm. Spotted an error? Tell us.
Cite this page
MediationList. (2026, October 28). Evaluative mediation: Definition. https://mediationlist.com/glossary/evaluative-process/
APA 7th ed. A retrieval date is included only for pages whose content changes, such as maps, data and tools.