Abstract

FACILITATIVE VERSUS EVALUATIVE MEDIATOR ORIENTATIONS: PIERCING THE "GRID" LOCK

JOSEPH B. STULBERG

Copyright 1997 Florida State University Law Review

The vocabulary of "facilitative" and "evaluative" mediation derives from Professor Leonard Riskin's "grid" of mediator orientations. After reviewing in Part II the Riskin grid and the framework of the debate it has generated, this Article offers justification for criticism of the grid. In Part III, the Article identifies and assesses four implausible consequences about mediator practice that flow from the assumption that the grid's description of the broad range of behaviors it identifies as "mediator behaviors" is accurate. In Part IV, however, the Article turns to examine directly the proffered distinction between facilitative and evaluative mediator orientations. The Article concludes that the facilitative/evaluative dichotomy is a false one, but not for reasons that will give comfort to those who have rushed to style themselves as either "evaluative" or "facilitative."

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