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.
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 ...
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