Find Mediators Near You:

Do you REALLY Want Me to be Evaluative?

This just in from one of my colleagues at ADR Services, Inc., Michael P. Carbone. Good stuff and an excellent mediator for commercial real estate and construction dispute litigation.

A mistake that lawyers sometimes make is failing to ask for what they want. If they do want an evaluation they can ask for it when they hire the neutral. There are processes variously known as neutral evaluation, non-binding arbitration, or early case assessment which are designed specifically for this purpose. They can be used independently or they can be combined with mediation.

I was once hired to give a neutral evaluation in a commercial real estate case. The parties told me at the outset that while they were interested in exploring settlement they were really interested in my opinion on the merits. So we conducted a mediation that included a neutral evaluation. Not only did this meet their needs, the evaluation was given in a confidential setting and could not be used as evidence if they did not settle.

The point is that both parties wanted the process to be evaluative. It was not a situation where one party was expecting the mediator to be evaluative and the other party wanted the mediator to refrain from doing so.

When parties hire a mediator, they need to be of the same mind about the process. Otherwise the result will be like splitting a steak with your partner when one of you likes it rare and the other likes it well done. Somebody is going to get indigestion!

                        author

Victoria Pynchon

Attorney-mediator Victoria Pynchon is a panelist with ADR Services, Inc. Ms. Pynchon was awarded her LL.M Degree in Dispute Resolution from the Straus Institute in May of 2006, after 25 years of complex commercial litigation practice, with sub-specialties in intellectual property, securities fraud, antitrust, insurance coverage, consumer class actions and all… MORE >

Featured Members

ad
View all

Read these next

Category

Creating Accessible Mediation

Individuals with disabilities should have access to tools to settle all types of conflicts including discrimination issues. Mediation is a tool that is useful and practical for all members of...

By Heather Kennedy
Category

In Memoriam: Joseph Markowitz

Authored by Floyd J. Siegal, Wendy Kramer, Robyn Weinstein, Jason Harper, and Jack Goetz. Today we lost an irreplaceable member of our community, Joe Markowitz, to cancer. As most of...

By Joe Markowitz
Category

Flavor of The Month Part II

In my first article in this series I asked whether we facilitators might be a part of the “flavor of the month” syndrome that I’ve heard reported in company after...

By Sterling Newberry
×