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Alternative Dispute Resolution

Oct. 22, 2011

The price of proof: Using experts in mediation

How an expert can help or harm a case in mediation.

Robert S. Mann

Neutral, ADR Services, Inc.

Email: rmann@adrservices.com

Robert mediates and arbitrates business, real estate and construction disputes.

As the world becomes increasingly complex, lawyers and parties rely more heavily on experts to explain technical issues and persuade judges, juries, arbitrators and (yes) mediators, of their version of the events.

Experts can be extremely helpful to the mediation process. They can also impede the process of settlement and create problems for the mediator, the lawyers and eventually, the parties as well.

In my construction and real estate mediation practice, experts are ub...

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