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The pros and cons of using evaluations to enhance family law mediation

Wednesday, August 30, 2017 @ 8:55 AM | By Lorne Wolfson

The use of evaluations in mediation is controversial. Some mediators see mediation as 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. Others see evaluation as a legitimate weapon in the mediator’s arsenal. The controversy is even greater in judicial mediation. Some judges feel that it is improper for them to “prejudge” the case in a settlement conference, while others view evaluation as their most effective tool.

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