VOCABULARY Of ADR Procedures Pt 2 - Dispute Resolution Journal - Vol. 51, No. 1
The author is a Fellow of the Chartered Institute of Arbitrators, a co-founder/director of International Centers for Arbitration, former president of the A.A. White Dispute Resolution Institute and chairman of the Patent, Trademark and Copyright section of the American Bar Association. He has served as an adjunct professor of law at the University of Houston teaching ADR and at the University of Texas teaching intellectual property law. He is co-author of several books including Patent Alternative Dispute Resolution Handbook, and has authored several hundred papers and speeches on ADR, litigation and intellectual property law.
Originally from Dispute Resolution Journal
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VII. Facilitative or “Classic” Mediation
Typically meaning:
(a) a non-adjudicative facilitated settlement negotiation process;
(b) a highly informal case presentation— opening most often by counsel, but the clearly better openings are often by the clients with little counsel participation;
(c) with the mediator(s)10 often sponsoring direct conversation with and by the clients (directly when they speak respectfully to each other and often through the mediator(s) when they don’t);
(d) usually without “evidence,” though commonly key documents like a contract clause or patent claims are referred to or quoted;
(e) discussions led by one or two neutrals in a proactive role (not passive as are Anglo-American judges) in facilitating inter-party communication;
(f) these discussions characteristically include joint or plenary sessions and commonly include private caucuses between the mediator(s) and each party in a sort of mediator shuttle diplomacy with hopes of bringing them together;
(g) wherein the mediators facilitate communications