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When mediators try to resolve a controversy by providing their analysis of the legal – or other – merits, they are providing the service that judges, arbitrators and neutral experts provide. In essence, such endeavors use the neutral’s judgment, award or opinion to determine or jump-start a resolution. This article urges that this add-on activity to mediation should be called by its proper name. The essay highlights the advantages of calling "mediation plus evaluation" a mixed process and discusses the advantages of having an eclectic and diverse mix of processes from which parties and counsel can choose to promote party choice and self-determination.
Alternative Dispute Resolution (ADR), Mediators
Lela P. Love & Kimberlee K. Kovach,
ADR: An Eclectic Array ofProcesses, Rather ThanOne Eclectic Process,
Journal of Dispute Resolution
Available at: https://larc.cardozo.yu.edu/faculty-articles/365