KajyibwamiNotes

  The debate between facilitative and evaluative mediation has for many years occupied a central place in mediation discourse, often framed as a choice that mediators must make about who they are and how they practice. This framing suggests a sharp divide between two opposing approaches: one that privileges party self-determination and process, and another that emphasizes substantive assessment and guidance. In practice, however, this binary has proven to be more misleading than useful, particularly in contemporary mediation environments where disputes are complex, emotionally charged, and shaped by legal, commercial, and institutional realities. In lived mediation practice, facilitation and evaluation do not function as fixed identities or mutually exclusive methods. Rather, they operate along a continuum, one that requires constant judgment, attentiveness, and responsiveness to the evolving needs of the parties. Experienced mediators rarely enter a mediation committed to a singl...