Mediation and ADR
Facilitative mediation
Also called facilitative process
A 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.[1][2]
In more detail
Texas law bars a mediator from substituting their own view of the issues for the parties' view.[1] Florida defines a mediator as someone who facilitates voluntary agreements without prescribing what the resolution must be.[2] In the Northern District of California's program, mediators usually don't offer an overall verdict on the case.[3]
Varies by state
Mediation styles vary by mediator and program; state standards set the limits. Find your state’s rules.
Related terms
- Evaluative mediationA 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.
- MediationA process in which a neutral mediator helps the parties communicate and negotiate so they can reach their own voluntary agreement.
- Self-determinationThe parties' right to make voluntary, uncoerced and informed decisions in mediation, including whether to settle and on what terms.
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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.
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MediationList. (2026, October 28). Facilitative mediation: Definition. https://mediationlist.com/glossary/facilitative-process/
APA 7th ed. A retrieval date is included only for pages whose content changes, such as maps, data and tools.