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MEDIATIVE PROCESSES In Mediative Processes, a third party neutral works to facilitate a negotiated settlement between the parties. The mediator facilitates the negotiations and evaluates the relative merits of the claims and defenses, The neutral does not have power to impose a solution or decision - the parties retain ultimate control over the outcome, The terms of the agreement are limited only by the interests and creativity of the partles and the neutral. By agreement and perm lesion of the parties, the neutral sets the ground rules and may profoundly affect the order of the proceedings, the parties' collective and Individual analyses and the general dynamic of the settlement discussion. Facilitative Mediation is a process in which outcome control remains almost entirely in the hands of the parties and counsel. The mediator restores communication and helps to create options for resolution by: • ensuring that all relevant Information Is exchanged and heard by the parties or confirms that there is a good reason why it Isn't being exchanged • providing parlies the ability to vent • coaching negotiators on next moves • helping parties invent settlement options • transmitting offers and demands working to overcome potential Impasses Evaluative Mediation occurs when the mediator creates more structure and injects his or her own view or prediction of the trial outcome. It is often used for more difficult cases, where the gap between the parties is large, the issues somewhat complex and the stakes high. The mediator allows the parties to test the reality of their predicted outcomes by; • working to thoroughly understand the parties' factual and legal arguments • providing feedback on the relative merits of claims and defenses • offering his or her prediction of the outcome in court • in some circumstances, recommending settlement ranges Mini -Trial is a highly structured, formalized and evaluative mediation process In which the parties cede a great deal of procedural control in order to reframe the dispute from the context of litigation to the context of a business problem. It requires the particlpatlon of non -legal party representatives with settlement authority who sit as a panel with the neutral. The neutral advisor: TM works closely with the parties before the hearing to facilitate agreement on procedure and resolve disputes • oversees the) panel of senior business officers • moderates the mini -trial hearing and then provides an evaluation if necessary • facilitates settlement between the parties after rendering his or her evaluation Non -Binding Arbitration is a hearing process that looks and feels like arbitration, but is advisory, not binding. The neutral advisor(s); • sets up and presides over the process • reviews the factual and legal positions of the parties either through briefs or oral arguments • evaluates what the likely arbitration outcome might be Neutral Expert Fact.Finding can be a standalone, non-binding process, or it can be part of a larger non-binding process. It is used to help resolve a disputed technioal issue. The neutral; • finds facts and provides analysis after hearing presentations by the parties, and their experts ® acts as a substitute for partisan experts