Some of you know John Stephens, a colleague at the University of North Carolina School of Government, who has focused on conflict resolution for his long career.  Like many of us, he was intrigued by ChatGPT and gave the following prompt and got the following response.

Describe and contrast three main models of mediation for community or court-based disputes. 700 words

Mediation is a process of resolving disputes in which a neutral third party, called a mediator, helps the parties communicate and reach a mutually agreed-upon solution. There are three main models of mediation that are commonly used in community and court-based disputes: evaluative, facilitative, and transformative.

• • Evaluative Mediation. Evaluative mediation is a model that focuses on the substantive outcome of the dispute. The mediator plays an active role in offering opinions and making recommendations to the parties about how the dispute can be resolved.  The mediator takes a more directive approach and is involved in making assessments and offering solutions to the parties.  The mediator may provide information about the strengths and weaknesses of the parties’ positions and help the parties assess the likelihood of success if the case were to go to court.  Evaluative mediators may also offer their own evaluation of the situation and provide an opinion on what they believe is a fair and reasonable solution.

• • Facilitative Mediation. Facilitative mediation is a model that emphasizes the process of communication between the parties. The mediator’s role is to facilitate communication and help the parties reach a mutually agreed-upon solution.  The mediator takes a more passive role and does not offer opinions or make recommendations.  Instead, the mediator helps the parties communicate with each other and reach their own agreement.  The mediator provides a structured process for the parties to communicate and helps them work through any obstacles to reaching an agreement.  Facilitative mediators help the parties understand each other’s perspectives and find common ground to resolve the dispute.

• • Transformative Mediation. Transformative mediation is a model that focuses on the personal growth and relationship-building between the parties.  The mediator’s role is to help the parties transform their relationship and improve communication.  The mediator takes a more active role in helping the parties understand each other’s perspectives and emotions.  The mediator helps the parties move beyond their positions to address the underlying interests and needs that are driving the conflict.  Transformative mediators use a combination of facilitation and empowerment to help the parties resolve the dispute.  They help the parties understand the impact of their behavior on each other and encourage them to take responsibility for their actions.  The goal of transformative mediation is to help the parties create a new and improved relationship that will last beyond the resolution of the dispute.

In conclusion, evaluative, facilitative, and transformative models of mediation all have their own strengths and weaknesses and the choice of model will depend on the specific circumstances of each case.  Evaluative mediation may be appropriate for disputes where the parties are looking for an objective assessment of their case, while facilitative mediation may be appropriate for disputes where the parties need help communicating with each other.  Transformative mediation may be appropriate for disputes where the parties want to improve their relationship and resolve any underlying emotional or psychological issues that are driving the conflict.  Each model has a unique approach to resolving disputes and the choice of model will depend on the specific needs of the parties and the dispute itself.

What do you think?  How would you grade this if your student submitted this answer on an exam?  How well would parties and lawyers understand what to expect from this response?  What might surprise them about the mediators’ approaches?  700 words.