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Even if disputants do not resolve the dispute, mediation frequently will "bring out" the real issues and enhance communications between the parties, fostering an improved working relationship.
Evaluative mediation is a process modeled on settlement conferences held by judges. An evaluative mediator assists the parties in reaching resolution by pointing out the weaknesses of their cases, and predicting what a judge or jury would be likely to do.
The cost disadvantage of mediation is that it can still be expensive and not result in a resolution. A simple negotiation between the parties can resolve a dispute for free; but, employing counsel to represent the parties at mediation and employing the mediator can cost significant money.
If the parties reach an agreement in mediation, the mediator or one of the attorneys can write down the agreement for the parties to sign. The agreement may be given to the court for its approval. The mediated agreement alone does not finish your court case. It must be part of a judgment and signed by a judge.
The three main styles of mediation are evaluative, facilitative, and transformative.
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Even if disputants do not resolve the dispute, mediation frequently will "bring out" the real issues and enhance communications between the parties, fostering an improved working relationship.
If the parties reach an agreement in mediation, the mediator or one of the attorneys can write down the agreement for the parties to sign. The agreement may be given to the court for its approval. The mediated agreement alone does not finish your court case. It must be part of a judgment and signed by a judge.
Judges almost always order parties to a lawsuit to mediate the case before trial. Mediation is very effective and can help resolve cases out of court. Even where a judge does not order mediation, parties often agree to mediate a case to resolve the dispute and save the expenses of going to trial.
Avoid saying alienating things, and say difficult things in the least alienating way possible. Set ground rules to avoid attacking openings. Remember that avoiding saying unwelcome things, by having the mediator say them, merely transfers the other party's resentment from counsel to the mediator.
The three main styles of mediation are evaluative, facilitative, and transformative.

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