Cardozo Journal of Conflict Resolution
Abstract
Business mediation should be common sense, but it is all too often corrupted by nonsensical rules and practices. The ground rules that serve as a foundation for the mediation come from an antithetical adversary system, so the traditional mediation process has been adulterated with counterproductive adversarial practices. To consistently reach mutually beneficial mediated settlements, that are exponentially better than anything attainable through traditional mediation, both the structure of mediation ground rules and the practices utilized throughout the mediation process need to be changed and refocused on the ultimate purpose: enabling business decision makers to address the underlying business interests in the business dispute. This article will show how to transform business mediation structure and practice in accordance with this purpose-yielding unprecedented results.
Disciplines
Dispute Resolution and Arbitration | Law
Recommended Citation
David C. Albalah & Jesse D. Steele,
For Business Dispute Solutions, Process Matters,
11
Cardozo J. Conflict Resol.
385
(2010).
Available at:
https://larc.cardozo.yu.edu/cjcr/vol11/iss2/3