How it Works

I conduct mediations using the evaluative mediation style. As an evaluative mediator I assist the parties in reaching resolution by pointing out the weaknesses of their cases, and predicting what a judge, arbitrator or jury may likely do. Depending on your case I might make formal or informal recommendations to the parties as to the outcome of the issues. I am more concerned with the legal rights of the parties rather than needs and emotions. I evaluate based on legal concepts of fairness. After a morning caucus I will spend the majority of the mediation in separate meetings with the parties and their attorneys, practicing “shuttle diplomacy”.

I will help the parties and attorneys evaluate their legal position and the costs vs. the benefits of pursuing a legal resolution rather than settling in mediation. I endeavor to structure the process and directly influence the outcome of mediation.

There is an assumption in evaluative mediation that the mediator has substantive expertise or legal expertise in the area of the dispute. My extensive experience in construction law and industry experience give me the level of understanding to assist parties in resolving their disputes.

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Please note that any communication with the Law Office of Jason C. Spencer via e-mail through this website or otherwise does not constitute or create an attorney-client relationship with Mr. Spencer. Please do not send any confidential information.

The Law Office of Jason C. Spencer accepts clients only in accordance with certain formal procedures, and renders legal advice only after completion of those procedures. To obtain legal representation from Mr. Spencer you must first undergo a personal interview with him and establish an attorney-client relationship with Mr. Spencer under an Engagement Agreement. Whether you are a new or existing client of the firm, he cannot represent you on a new matter until he determines that there is no conflict of interest and he is willing and able to accept such new engagement in writing.