Can experts be used at Mediation?
Yes, experts can be used in several ways and can be very helpful at Mediation. First, experts can express an opinion in front of the other side, effectively giving the other side a preview of the case that will be presented later in court or arbitration if it does not settle. This can be very effective, especially in cases that are largely expert-driven. Second, experts can meet and talk among themselves in front of the parties and their lawyers to see if they can agree on any of the disputed issues. Third, experts can be used only in private sessions, thereby helping the mediator to understand the case but not giving away information to the other side, prior to trial or arbitration. This is the typical use of experts in Mediation. Fourth, experts can be used by preparing reports which are used at the mediation, without the physical presence of the expert himself or herself. Although not as powerful as an appearance by the expert at Mediation, the use of the expert’s report can be quit
