Business and Finance


Mediation has become commonplace in business and commercial disputes. Yet, too many business mediations involve purely “positional bargaining” without any emphasis on interests and business objectives. In the hands of a mediator for who focuses on interests and elicits party engagement around business opportunity, the resolution of disputes can be transformed from positional power plays seeking to avoid the “worst case” into productive discussions of value creation for all parties in the context of what makes sense, and even creates opportunity, for the businesses and the individuals at the table. This may sound fanciful to those who have not been exposed to this kind of process. The simple fact is that, done well, business mediation can shift from a burden to an opportunity.