July 28, 2019

When Does Evaluative Mediation Cross the Line from Neutral Analysis to Legal Advice?

Josh Fruchter
Two of the primary approaches to mediation are facilitative and evaluative. Under the facilitative approach, the mediator orchestrates a process that facilitates communication between the parties concerning their respective interests and concerns. The mediator typically refrains, however, from sharing an opinion concerning the strengths or weaknesses of either side’s positions...
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