As mediation continues to gain community acceptance as a legitimate and frequently preferred dispute resolution process, practitioners are investigating some of the subtle influences that contribute to a successful mediation conference.
All experts, whatever their field, have clear and coherent theories to underpin their actions. For example, a physician doesn’t tell you that they are going to take their best shot at curing an illness. They have a sound understanding of human disease, based on years of research and testing, that informs their diagnosis and prescription.
This article suggests that parties and mediators in commercial matters tend to operate on the assumption that building relationships between the parties is secondary to settling the Substantive issues in dispute, and for this reason, the process of mediation is not realizing its full potential. The article offers a different perspective on the value of relationship in commercial disputes, and proposes a new process for mediating in these matters.