Clifford Chance

Do you want your mediator evaluative and are more inter-party meetings in mediation a good idea?

21 December 2015

Mediation for a mediator is like going out with two people at the same time: it gets tricky when they then meet - this was just one of the comments at a symposium which discussed the extent to which mediators should be evaluative rather than merely facilitative. In this briefing we review (i) whether mediators should be evaluative or encouraged to be so and (ii) how some mediators are pressing for more inter-party meetings rather than caucuses, putting more pressure on the party representatives.

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