Should a Mediator be Facilitative or Evaluative?

There is much debate among legal professionals and indeed mediators as to whether a good mediator should be facilitative – that is someone who merely facilitates negotiations between the parties without imposing any personal opinions on the negotiations, or evaluative...

Mediated Settlement Agreements and Videoconferencing

In a mediated settlement, the drafting of a settlement agreement is the responsibility of the parties. The mediator can of course be available to facilitate the settlement process and to help the parties resolve any drafting problems. However, it is for the parties to...

Using the Mediator to Advantage

Mediators prefer to be facilitative rather than evaluative. This is because no one can know a case as well as the party presenting it, and a mediator who presumes to do so risks making a serious error of judgement. Also, the mediator does not know everything a party...

Juris In Lawyer’s Monthly Magazine

What Is ADR and When Should You opt for it? With Martin Blake being last year’s winner for International Practice Lawyer of the Year in our Legal Awards, we decided to get in touch with him and his team at Juris Resolutions, who discuss all you need to know about ADR....

Thoughts on Alternative Dispute Resolution

It is a sad reality of life that people get involved in disputes. The resolution of such disputes has traditionally involved litigation and use of the courts. However, while the courts should be capable of resolving disputes expeditiously and cost effectively, the...