Description
The guide covers the commercial mediation process from first consideration through to settlement.
- What Is Commercial Mediation?
Understanding the process and how mediators facilitate negotiation. - Why Should I Agree to Mediation?
Strategic and commercial reasons to mediate. - Will Mediation Save Time, Money and Stress?
Comparing mediation with litigation and arbitration. - Understanding the Mediation Process
What happens before, during and after the mediation. - Confidentiality in Mediation
How the “without prejudice” rule operates. - Refusing Mediation
When it may or may not be appropriate to decline mediation. - Choosing the Right Mediator
Understanding mediator styles and selecting the right mediator. - Legal and Procedural Issues
Authority to settle, mediation agreements and enforceability. - What Happens on the Mediation Day
Joint sessions, private meetings and negotiations. - Preparing Strategically for Mediation
BATNA, WATNA, ZOPA and negotiation planning. - Securing the Best Outcome
Managing offers, pressure tactics and settlement decisions.
