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ADR techniques


evaluative mediation

An Evaluative Mediation not only facilitates the resolution of a dispute but also allows for the recommendation by the mediator(s) of a settlement. He/she would express an opinion on the merits of the case and define the scope of the settlement.

Evaluative Mediation is:
  • without prejudice, subject to contract and privileged
  • confidential to each of the parties and to the mediators to the extent agreed by the parties
  • a consensual process and depends on co-operation from the parties and their continuing willingness to mediate
  • not binding but is intended to lead to a binding agreement
  • intended to lead to a specified settlement recommended by the mediator

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