JP&A uses both evaluative and facilitative approaches in mediating disputes.  At the outset of the mediation, the JP&A mediator requests that the parties or their attorneys explain their views of the case and respond to the opposing parties’ remarks.  After both sides have said everything that they want to say, the mediator confers with each side separately.  During these confidential conversations with the parties, the mediator poses various questions in an attempt to obtain a better understanding of the case and the parties’ underlying interests.  In follow-up separate caucus sessions, the mediator offers a neutral evaluation of the strengths and weaknesses of the parties’ respective positions and provides an estimate of the value of the case.  The mediator does not urge the parties to settle their case, nor suggest that they settle the case at a certain amount.  Rather, the mediator points out factors that the parties may wish to consider in deciding whether or not to come to an agreement.

After the mediation conference and the follow-up caucus sessions with the mediator are completed, the parties are usually in a position to decide whether they will be able to resolve their dispute.  If requested, the mediator will facilitate any follow-up negotiations to help the parties reach a settlement.  

Some parties may want to settle their case but prefer not to participate in a mediation conference with the opposing party.  In such instances, the mediator confers with each side separately and acts as an intermediary between the parties.