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Archived updates for Thursday, October 07, 2004

Evaluative Mediation

According to an interview with Michael J. McAllister in PLI's All-Star Briefing, Vol. 2.37, The evaluative mediator's goal is to reach an objective view of the facts and the law. At the end of a "tutorial" with the business principals, he or she will a range of likely damages outcomes. The parties are then free to accept or reject that number, of course, but if the evaluative mediator has done his job, the parties should resolve the case near that number or within that range. Evaluative mediation may have an advantage over the typical facilitative mediation process, in cutting through the Gordian knot of facts, law, and advocacy in order to arrive at a reasonable conclusion.
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