We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
Published online by Cambridge University Press: 01 September 2022
Various models of mediation have been developed, reflecting mediation practice. In a commercial context, the most important distinction is between evaluative (or substance-oriented) mediation and facilitative (or process-oriented) mediation. However, in practice, a purely facilitative approach to mediation is rare, and experience suggests that a successful mediation results from using a clearly identified ‘mixed process’. Pre-mediation considerations are important in laying the groundwork for a successful mediation. The temporal contours of the process are also important to bear in mind, particularly when considering issues such as limitation periods, confidentiality and costs. The mediation process develops through stages and phases during which the mediator helps the parties towards resolution. Free from the constraints of viewing the dispute in terms of legal rights and obligations, the parties create an opportunity to empower themselves to resolve the dispute and essentially determine the future. The process offers them the opportunity to emerge from commercial conflict stronger, personally and contractually, with an outcome that better reflects their needs and interests.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
