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Practical tips for using risk analysis in mediation

Article Abstract:

Risk analysis is a tool mediators can use to revive stalled negotiations. Risk analysis provides both parties with an opportunity to measure their liability for a dispute and the likelihood it will be solved according to their ideal goal. It provides a realistic recognition of how a court trial may work and the costs parties would incur if they continued their dispute.

Author: McGuire, James E.
Publisher: American Arbitration Association
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 1998
Risk assessment

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Using evaluations in mediation

Article Abstract:

Evaluation is a powerful tool in mediation, which should be used carefully. Evaluation occurs when mediators present opinions of how disputes might be resolved in courts. It provides disputants with a realistic reference point for judging their cases, but may destroy the bargaining process. It should be used late in the process, after all issues are explored.

Author: Golann, Dwight, Aaron, Marjorie Corman
Publisher: American Arbitration Association
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 1997
Beliefs, opinions and attitudes, Arbitrators, Evaluation

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Subjects list: Methods, United States, Usage, Mediation
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