In the normal course of business conflictual situations occur fairly frequently. Whether they result from the breach of contracts, real or perceived damages to one of the parties caused through the negligence of the other, deviation from industry standards or any of a number of other
Mediation and dispute resolution has a high rate of success and satisfaction in general among would-be litigants. Approximately 90 % of negotiation cases are settled before making it to litigation. However, mediation”ghosts” result in the bulk of the failures of mediation.
In order to be faithful to the title of this article it is only prudent to first understand why the analogy of war is used. It is used because it represents the most extreme of adversarial engagements. The term is emotionally charged, it immediately summons heartfelt images; ecstatic
Expanding the Use of Mediation in the Financial Services Industry Interest based mediation or facilitation is becoming more broadly accepted in business as a tool to address workplace conflict such as disputes around job performance issues, wrongful dismissal, or harassment, for examp
Failed mediations are generally the result of poor preparation. Spending sufficient time in advance lets both lawyer and client get the most out of the process. Mediation is certainly faster, less formal and less costly than litigation, however it still takes preparation. As with trad