“Based on my years of experience as a litigator and as a judge, I’d say your latest positions are both within the reasonable range for this case. I’d say the plaintiff’s demand of $200,000 is on the high side of that range; and I’d say the defendant’s offer of $100,000 is on the low side of that range. So I’d say that any settlement you arrive at now, between those numbers, would be a good deal for both sides, considering the costs and uncertainty of continued litigation.”

This is the sort of thing an evaluative mediator says to parties. This mediator was talking to both parties – it would be more common to talk to each side separately – in that situation she could say to the defendant “I think $100,000 is low and won’t be quite enough to settle the case” – and she could say to the plaintiff “I think $200,000 is high and I don’t think you’ll get that in this case.” Thus, the evaluative mediator can nudge both sides toward a compromise settlement. And that’s her job, right?