The Changing Role of Evaluation in Commercial ADR

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

6 Pages Posted: 31 May 2011  

Dwight Golann

Suffolk University Law School

Date Written: 2007

Abstract

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.

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: https://ssrn.com/abstract=1854693

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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