Perspective
Aug. 26, 2011
Using confidential advisory opinions in difficult mediations
Confidential advisory opinions can bridge or narrow the evaluation gap, clearing the path to settlement. By Richard C. Neal and Barbara Reeves Neal of JAMS
A dramatic difference between the parties' case-strength evaluations is the biggest obstacle to mediated settlement in business cases. This is especially true where the dollars at stake are large and each party demands that the other write a large check. A non-binding, confidential advisory opinion can bridge or narrow the evaluation gap, clearing the path to settlement. The following describes the process and reason...
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