EARLY NEUTRAL EVALUATION

Today, I’ll continue my series on the Alternatives in Alternative Dispute Resolution that I began earlier this summer after facilitating a workshop on this issue In July for the West Virginia State Bar. In September, I’ll be joining the Virginia Mediation Network to facilitate the workshop for that fabulous group of mediators. Today’s process is more common in Canada than in the areas where I practice, but Early Neutral Evaluation may save the parties a great deal of anguish, time and expense.

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The Alternatives in Alternative Dispute Resolution

Legal conflicts run the gamut between a single contract that is entered into for one transaction between strangers to a family will contest and it is not surprising that different forms of ADR are suitable for different people, different kinds of conflicts and at different stages in both the legal and emotional part of the battle.  Today I am going to begin a ten part series of posts that will explore the alternatives in ADR. I’ll begin with processes that depend on a neutral facilitator such as mediation (including evaluative, facilitative, and transformative mediation), neutral evaluation, and arbitration.  I'll then turn to some processes that have components of ADR but do not require a neutral.  Finally will look at a few methods that don't fit neatly into any category.

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