I am a true believer in the evaluative approach to mediation. I not only enjoy engaging counsel and the parties in a discussion of the issues in a case, but I know that this discussion will eventually lead the parties down the path to settlement of the case. When the actual negotiation begins, I am a proponent of a principled negotiation in which the settlement offers and counter offers are tied to the evaluation of the issues of the case and the likelihood of success or failure at trial. But the evaluative method only goes so far. It is an effective way to narrow the gap between the parties, but it may not be enough to close the gap.
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