When you want a mediator who will review the factual and legal issues and apply his or her experience to evaluate the claims and defenses, you want to engage an evaluative mediator. The evaluative mediator looks at the strengths and weaknesses of each side’s case, and then seeks to persuade the parties to compromise their […]
LADR Bulletins
What Information Should You Give to the Mediator?
What you provide to the mediator will depend on the type of mediator you have selected. Typically, a facilitative mediator will prefer that the parties not provide lengthy written materials that deal with the evidentiary issues and factual disputes. Rather, the facilitative mediator will prefer to learn most of the information in the mediation session […]
What Does My Mediator Mean When She Asks about Barriers?
There may be barriers to resolution of a dispute that would be helpful for the mediator to know prior to the employment mediation. Whether you discuss these barriers with your client depends on your client’s ability to “hear the message.” Such impediments to settlement are highly personal and fact-dependent. For employees, barriers that impede the […]
