The neutral approach is widely applicable to civil cases of varying types and complexity, where a third-party neutral allows for a controlled and impartial process that may help the parties recognize the limitations of their cases and favors an early settlement.
Neutrals can fulfill a variety of roles. They particularly add value when called upon to preserve, repair, and/or improve relationships and identify potential disputes early on. Examples are an early evaluation of a case (pre-dispute mediation or early case assessment), a function as a mediator or a facilitator, to assess risk, or provide an estimate of reasonable settlement costs, or as a dispute board member or settlement master.
Kamminga Mediation offers the following neutral services:
Early Intervention and unbiased analysis. The early neutral analysis provides an opening to identify areas of agreement; and to assess the relative strengths and weaknesses of the parties' positions, thus encouraging, early settlements. This has been particularly beneficial in projects where the parties need or desire to maintain an ongoing relationship and avoid the adversarial elements of litigation or arbitration. Dr. Kamminga has experience in matters where parties and their counsel present their case, and he renders a non-binding reasoned evaluation on the merit of the case.
Dispute Board member. Dr. Kamminga also fulfills a role as project neutral, and as a member of a Dispute Resolution Board in construction projects, operating in an informal, structured, safe, and equitable way to resolve a matter early on.
Special Master. After an initial settlement is reached, a special master may be appointed by the court to oversee settlement administration, formulate the claims facility and claims processes, and he may preside over individual claim determinations. Dr. Kamminga, being an academic and professor of law with experience designing claims handling systems, is also approached to fulfill a role as a special master developing manageable settlement processes, to mitigate costs and time using an agreed-upon procedure to deal with claims efficiently.
For questions and inquiries regarding availability, contact us through the contact form.