This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Alternative Dispute Resolution

Aug. 29, 2024

Actuarial case valuation in mediation

Actuarial case valuation is presented as an effective method for facilitating settlements in mediation by incorporating both parties' perspectives and promoting collaboration. This technique contrasts with traditional methods that often hinder settlement discussions.

Evelio Grillo

Judge (ret.), neutral, ADR Services

litigation

Shutterstock

People often overlook that mediation is (or should be) a collaborative process. Often, the difficulty involved in identifying a range within which both parties are willing to discuss settlement arises from one or both parties feeling that by agreeing to a range or "bracket" they are compromising their settlement position. The problem is compounded when each party has a defensible settlement position derived from a particular method of case valuation, and yet the parties have ...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Sign up for Daily Journal emails