This approach involves the mediator assessing the strengths and weaknesses of the parties' positions. The mediator often provides feedback that is based on legal principles or relevant case law. Such insights can help paFiduciary duty is a legal obligation that requires one party to act in the best interests of another. When a trustee fails to uphold this duty, it can lead to significant disputes. Common scenarios include mismanagement of assets, failure to provide necessary information to beneficiaries, or making decisions based on personal interests rather than the interests of those they represent. Such breaches can erode trust among beneficiaries and lead to legal action to rectify the situation.rties gain a clearer perspective on their situation and the potential outcomes should the dispute proceed to litigation. The evaluative mediator's role is not merely to facilitate dialogue but to offer an informed basis for decision-making.
Facilitative mediation is Common causes of trust disputes include changes in personal circumstances, breaches of fiduciary duty, and external influences from third parties.a process where the mediator assists the parties in reaching their own solutions by guiding discussions and encouraging open communication, rather than providing direct advice or opinions.
How do life events impact trust dynamics?How does evaluative mediation differ from facilitative mediation?
Life events such as divorce, illness, or the death of a beneficiary can significantly alter the dynamics of a trust, leading to disputes among involved parties.Evaluative mediation involves the mediator providing assessments and expert opinions on the issues at hand, helping parties to understand potential outcomes based on legal standards, while facilitative mediation focuses on empowering parties to find their own resolutions.