LAW 444

ALTERNATIVE DISPUTE RESOLUTION

A

GROUP 5 (LWB03C)
MEMBERS MATRIC NUMBERS
JULIA FARISYA BINTI JAFREI 2017806908
NUR SYAZWINA BINTI MD AZAHAM 2017892396
KHAIRUL AIMAN BIN SAMSUDIN 2017683554
NUR INSYIRAH BINTI YUSMIZUL 2017678072
NURAINI BALQIS BINTI MOHD FAIRULNIZAL 2017678398
QUESTION 1:
DIFFERENTIATE A FACILITATIVE MEDIATION
FROM AN EVALUATION MEDIATION
INTRODUCTION

DEFINITION OF MEDIATION

A voluntary, non-binding private dispute settlement settlement process in which a

neutral person (mediator) helps the parties to negotiate a solution to their dispute.

FACILITATIVE
MEDIATION

STYLES OF
MEDIATION
EVALUATION
MEDIATION
DEFINITIONS

FACILITATIVE MEDIATION
 A process in which the mediator only helps the disputing parties to
explore various options which are interest-based and mutually
advantageous.

EVALUATION MEDIATION
 A rights-based process where the mediator studies the strengths and
weaknesses of the disputing parties’ positions and makes suggestion
for resolving the dispute once he or she is requested to do so by the
parties
 Provided in the Code of Conduct of the Malaysian Mediation Centre
(No.8)
 DIFFERENCES BETWEEN FACILITATIVE
MEDIATION AND EVALUATION MEDIATION
F A C I L I TAT I V E M E D I AT I O N
Role of the • To structure a process to assist the parties • According to Brown and Marriott, the mediator
mediator in reaching a mutually agreeable resolution
based on information and understanding
• Focus on the underlying needs or interests
underneath the positions taken by parties
• Ask questions, validates and normalizes
parties’ points of view during joint sessions
• Does not make recommendations to the
parties or give personal advice or opinion
to them as to the outcome of the
mediation
E VA L U AT I O N M E D I AT I O N
makes or obtains an assessment and expresses a
view on the respective merits of the issues
between the parties or of any matter under
discussion.
• To assist the parties in reaching resolution by
i. pointing out the weaknesses of their cases
ii. predicting what a judge or jury would be
likely to do
• Evaluate parties’ rights based on legal concepts,
rather than needs and interests.
• Control and directly influence the outcome of
the mediation by suggesting possible solutions
CONT…

FA C I L I TAT I V E M E D I AT I O N E VA L U AT I O N M E D I AT I O N
Way of • Predominantly through joint sessions • Conduct individual meetings with a
meetings with all parties presents. disputing party at a time (caucuses)

• Often in separate meetings with the

parties and their attorneys, practicing
“shuttle diplomacy”
Goals of the • To foster constructive communication • To get guidance for settlements based on
parties between them in resolving relatively law for complicated issues with legal
clear issues implications

• As a supplement to the facilitative

mediation
Envisioned • Heightened mutual understanding • Heightened understanding of strengths
outcome between the parties and weakness of parties’ position