Early Facilitation in Commercial Lawsuits

Facilitation is a type of alternative dispute resolution that utilizes an impartial third person selected by the parties to assist each side in reaching a resolution to their dispute. Unlike an arbitrator or a judge, a facilitator does not make a decision regarding the outcome of the dispute nor does he or she rule on evidence or testimony. Essentially, the purpose of facilitation is for both parties to arrive at a mutually agreeable dollar value or alternative solution to resolve the case. It works when both parties, and their counsel, want to achieve a settlement.