ARBITRATION
OTHER SERVICES
Katherine Mills, Esq.
HELPFUL LINKS
CONTACT
PUBLICATIONS
RESOURCES
------------------------------
IP ADR
Entertainment ADR
International ADR
~~~~~~~~~~~~~~~~~~
Disclosure
Disclaimer
Copyright
Security Policy
Terms & Conditions
____________________
HOW TO PREPARE ?
C.V.
************************
|
OTHER ADR SERVICES
SETTLEMENT CONFERENCE A settlement conference involves the neutral evaluator sitting with counsel for the parties. A settlement conference will be shorter than a mediation, and may or may not include the parties participation in a sense other than to get their agreement to a settlement proposal. The neutral will listen to the facts, legal issues, and evidence that each counsel will present at trial and then discuss with them the strengths and weaknesses of their respective cases. The neutral also makes an evaluation as to how the case might be decided at trial. The objective wil be to get the parties to resolve the matter before the trial begins. The parties rely on the evaluation to provide feedback as to the relative strength of their position. Some neutrals will make an extra effort to utilize mediation skills to encourage the parties toward settlement. EARLY NEUTRAL EVALUATION Early neutral evaluation is a process that often occurs early in the pre-trial stage. A neutral is retained by the parties and counsel to assess the strengths and weaknesses their case and provide assistance in finding common ground in the dispute. This informal process helps each side view the case from the others perspective and offers an evaluation as to how the matter may be decided in court. The recommendations of the neutral are influential but non-binding. FACT FINDING A neutral fact finder conducts an independent investigation into the cause of the disagreement. The fact finder will interview both sides, gather additional information, and then present findings and possible solutions to the parties. The findings and recommendations are not binding but are incorporated into the negotiations between the parties and their counsel. The fact finder usually does not directly participate in the negotiation process. DISCOVERY REFEREE Discovery Referees are used in complex matters where there is a disagreement between the parties relating to the scope and subject matter of discovery. These disputes can be very time consuming, and parties and their counsel may voluntarily choose to retain the services of a neutral as a referee to resolve such a dispute.
All content copyright Cross Border Dispute Resolution, Inc. 2008
|
||
