Alternative Dispute Resolution
May 15, 2026
Evaluating the mediator's qualitative evaluation
A mediator's expertise can provide a valuable reality check, but effective settlement decisions require lawyers to critically evaluate the quality, substance, flexibility and credibility of the mediator's analysis rather than blindly accepting even experienced opinions.
One of the reasons practitioners select mediators with particular expertise, usually retired judges or specialized lawyers, is because, according to common wisdom, such mediators can provide a valuable, objective view--a reality check--of the strengths and weaknesses of the case based on prior experience and knowledge. Such a qualitative analysis is typically an important part of mediation dynamics. But when it comes to determining how to plug the mediator's qualitative evalu...
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