Source: (2012) Appalachian Journal of Law. 11:185-207.

In the early years of mediation's popularity, mediation theorists opined that mediators should be trained to be purely facilitative. Most mediation trainers have used the purely facilitative approach in training mediators. However, this article points out that many professional mediators have become directive or evaluative with both process and substance during mediation. Court-ordered mediation has been roundly criticized for being evaluative, and some mediation theorists have questioned whether evaluative mediation is ethical. End users of mediation such as business people and attorneys prefer the evaluative/directive approach, while personal injury plaintiffs and other aggrieved claimants may actually prefer the purely facilitative approach. This article concludes that mediation trainers should train mediators in both facilitative and evaluative/directive techniques. The conclusions reached in this article are supported by three surveys and interviews with end users of mediation. (author's abstract)