The Changing Role of Evaluation in Commercial ADR

Dwight Golann

Suffolk University Law School


Dispute Resolution Magazine, Vol. 14, p. 16, Fall 2007

This piece describes how processes of non-binding dispute resolution in civil cases changed over the past twenty-five years from heavy reliance on court-like evaluative processes such as advisory arbitration and mini-trials, and toward much greater use of facilitative mediation. The article argues that commercial mediation has evolved into a mixed form of facilitation and evaluation, and that in current practice “evaluation” consists of a spectrum of mediator interventions, ranging from “reality testing” questions to hard, global opinions about case value. The content of evaluations has also changed; they are no longer limited to the legal merits and more often consist of the neutral’s assessment of party attitudes and the bargaining situation.

Number of Pages in PDF File: 6

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Date posted: May 31, 2011  

Suggested Citation

Golann, Dwight, The Changing Role of Evaluation in Commercial ADR (2007). Dispute Resolution Magazine, Vol. 14, p. 16, Fall 2007. Available at SSRN: http://ssrn.com/abstract=1854693

Contact Information

Dwight Golann (Contact Author)
Suffolk University Law School ( email )
120 Tremont Street
Boston, MA 02108-4977
United States
617-573-8183 (Phone)
617-305-3086 (Fax)

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