Collaborative Attorney & Mediator

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Evaluative Mediation & Mediation/Arbitration


Evaluative mediation grew out of a judicial model sometimes referred to as a settlement conference. Typically parties are represented by counsel, and each side sits in separate rooms while the mediator shuttles back and forth between the rooms, presenting and discussing offers for settlement. The focus of an evaluative mediation tends to be on legal rights and responsibilities, with the mediator sometimes giving his or her opinion as to each side’s legal strengths and weaknesses. Evaluative mediation generally occurs after a case has been underway long enough to complete the discovery process. Sessions can be long as they are often based on the estimated time it will take to reach resolution.

A relatively new model of dispute resolution is called Med/Arb. In this process the parties mediate and if there is impasse, the mediator transitions to the role of arbitrator, making rulings based on the information supplied during the mediation.