Early Neutral Evaluation, Last-Minute Mediation & Beyond

An effective mediator brings a blend of talents to the process.  Some emphasize a facilitative approach in which the mediator rarely shares their opinion of the parties’ claims, defenses and witnesses.  Others, like Peter Rundle, utilize a more evaluative style based upon his 25 years of deciding cases.  This “neutral evaluation” affords the mediation participants a chance to understand how a judge, jury or arbitrator is likely to view their case.  The evaluative approach provides a check on what can easily become a tunnel-visioned understanding of the case – whether by the parties, their representatives, or both.

 The structure of an evaluative mediation is as flexible as the parties wish.  It will rarely – if ever – make sense to “decide” the mediation matter.  Rather, an evaluative mediator asks pointed questions and answers questions about how a decision-maker would likely view certain facts, witnesses, documents, and legal arguments.  Most often, this process is conducted “one-on-one” with each side, which then results in their more informed negotiation posture and settlement discussions.

Last-Minute, Last-Ditch or Mid-Trial Mediation requires an experienced and flexible mediator to cut-through time constraints and entrenched positions.  Peter Rundle works tirelessly to help attorneys and their clients resolve their disputes at any stage of the case, but especially when stakes and emotions are high, and the need for a predictable outcome is critically important.

 Not ready for, or interested in, mediation?  Early neutral evaluation facilitates a “dry run” of your case before an experienced decision-maker.  Conduct a mock direct examination of your client using Mr. Rundle as a privileged consultant.  The benefits of presenting your case – or any part of it – early will pay dividends as the matter progresses toward resolution.  You design the early neutral evaluation process to suit the unique needs of your case and the interests of your client.

 It is never too early – or late – to gain perspective on your case.  Use the evaluative process to achieve a settlement, or to adjust and fine tune your trial presentation.  Too busy with trial preparation to mediate during the week?  Book a weekend mediation or evaluation.  Mr. Rundle’s fee schedule is available upon request.