Archives: Mediation/ADR

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Using the Evaluative Approach in Appellate Mediation

D. Todd Smith
Last week, I spoke to the Austin Bar Association ADR Section about mediating cases on appeal. In my talk, I explored the differences in perspective between pre-trial mediation, in which most everything is in flux, and post-trial or appellate mediation, where a party has usually won or lost and the variables have shifted toward certainty. … Continue Reading