Exploring research regarding mediation party preferences and mediation within commercial arbitration

Abstract

Mediation is a valued alternative dispute resolution process in commercial business disputes. When used prior to arbitration or litigation, mediation is helpful in narrowing disputes and supporting settlement. When included as a supplemental step within other processes, mediation has additional benefits. It is worthwhile to explore the barriers and benefits counsel cite regarding mediation. We will consider participants' underlying assumptions surrounding how and when to mediate using American Arbitration Association® (AAA) User Surveys and data from 2,814 AAA cases closed in 2018. Practice and extant literature indicate that early mediation reduces the financial, emotional, and relational costs of business disputes.

Navigating the Labyrinth of State-Owned Enterprises Disputes in Indonesia: a Quest for Effective Resolution Mechanisms

“…26 This privacy encourages open communication and honest dialogue, which is essential for reaching a mutually acceptable outcome. 27 Secondly, mediation empowers parties to retain control over the resolution process, allowing for flexibility and adaptability, tailoring the process to the specific needs and interests Volume 4, Number 2, August 2023 of the disputants. 28 This flexibility has been shown to empower parties, enabling them to have a greater sense of control over the decisions made during the resolution process.…”

Adding mediation to India's corporate resolution process

“…Even where a mediation does not result in settlement, there is substantial evidence of mediation being able to improve communication and negotiation between parties to a dispute. 171 The Companies (Mediation and Conciliation) Rules provide a 3-month limit for completion of the mediation or conciliation, although this may be further extended by the NCLT. 172 Thus, one of the IBC's core value of timeliness will still be prioritised; perhaps even more so if the mediation is able to prevent litigation.…”