Mediators Are Taking on the Role of Mediation Evaluator

March 28, 2023

JAMS ADR Blog recently proposed a new concept for dispute resolution, Mediated Evaluations. This new form of alternative dispute resolution (ADR) could offer parties more in-depth analysis on the merits of their arguments, and better position them to resolve their disputes while addressing all important issues.

As JAMS describes it, the structure of a Mediated Evaluation is divided into three parts: the case submission, the case evaluation, and the case mediation:

• In phase one, parties would submit their initial written statements to the Mediation Evaluator (ME) and respond to the opposing party’s preliminary statement within 15-30 days. Then, the ME would read and begin to evaluate both parties’ positions, requesting any necessary supporting materials.
• During the second phase, the ME provides either a joint or confidential determination based on the arguments of both sides. This second phase also involves the ME providing feedback to the parties and advising them of which points in their initial arguments require further work or clarification.
• The final, third phase of the Mediated Evaluation involves the parties choosing whether to meet with the ME ex parte or jointly for the ultimate evaluation, designed to assist them in negotiating their dispute.

The ME remains available to the parties until a resolution or settlement is met.

Mediated Evaluations are an option for parties to consider when they require more input on the issues than a mediator can provide during the course of a more typical mediation.

For further insight into this new JAMS offering, read the full blog post by John W. Hinchey here.

To learn how Castaybert PLLC can assist you with mediation, click here.