Mediating commercial disputes

• Author: Stewart Edelstein
• Pages: 131-144

131

CHAPTER SIX

MEDIATING

COMMERCIAL

DISPUTES

You must be prepared to try each case—yet the reality is that the vast

majority of cases settle before trial, many by mediation. Unlike arbitra-

tion, mediation is not binding. But it can be an effec tive mechanism to

resolve cases long before you ever get to trial.

1. WHETHER AND WHEN TO MEDIATE

The threshold question is whether a particular case is a good candidate

for mediation. In some circumst ances, the part ies are obligated by con-

tract to mediate before arbitrating or litigating, so find out if your client

has signed such a contract. A lso, if you have a corporate client, determine

whether it is one of more than 4,000 companies that signed the CPR

Corporate Policy Statement on Alternatives to Litig ation, a commitment

to seriously explore mediation and other alternative dispute-resolution

methods before pursuing f ull-scale litigation. See www.cpradr.org for

more on this.

Factors you should consider in determining whether to recommend

mediation include the need for confidentialit y; desire for resolution

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