Alternative Dispute Resolution
Jun. 19, 2020
Migrating away from traditional models of mediation
Mediation is often viewed by lawyers as a “this” or “that” on the spectrum from facilitative to evaluative. In reality, experienced neutrals view mediation as a process customized to the needs of the parties in a particular case.
Daniel B. Garrie
Neutral
JAMS
Cyber Security
Orange County
Cell: (212) 826-5351
Email: daniel@lawandforensics.com
Gail A. Andler
Neutral
JAMS
Email: gandler@jamsadr.com
Gail A. Andler is a retired judge of the Orange County Superior Court. She is a Southern California-based neutral who specializes in business, employment, class actions, and mass torts.
Mediation is often viewed by lawyers as a “this” or “that” on the spectrum from facilitative to evaluative. In reality, experienced neutrals view mediation as a process customized to the needs of the parties in a particular case. Similarly, many lawyers view the mediation process as involving either joint sessions or individual caucuses, when in reality experienced neutrals will consider a blended approach.
Sometimes, an initial joi...
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