Dwight Golann is a Professor of Law at Suffolk University Law School in Boston. He is an active Mediator of legal disputes and serves as a distinguished neutral for the CPR Institute and panels in Europe and Asia. Professor Golann is the Principal Author of MEDIATING LEGAL DISPUTES (2009) and co-author of RESOLVING DISPUTES (2010). Additional information is available at golannadr.com.
Marjorie Corman Aaron is a Professor of Clinical Law at the University of Cincinnati College of Law and Director of its Center for Practice. Also a Mediator and Arbitrator based in Cincinnati, Ohio, she was formerly Executive Director of the Program on Negotiation at Harvard Law School and Vice President and Senior Mediator at Endispute, Inc. Ms. Aaron received a B.A. from Princeton University and a J.D. from Harvard Law School. She is the co-author of MEDIATING LEGAL DISPUTES (2009), from which this chapter is drawn.
I. Introduction Evaluation is a controversial issue. Some mediation theorists believe that the technique has no place in “true” mediation, a purely facilitative process in which parties are left free to make their own judgments about the merits of a case without interference from the mediator. We hold a different view. Evaluation is a legitimate weapon in the mediator’s arsenal, one that can be either effective or explosive depending on how and when it is used.