Mediation Articles & Practice Insights

Restorative Justice: Transforming Responses to Less Serious Crimes

How Dialogue and Restoration Can Enhance True Justice

International Peacekeeping Mediations: Building Bridges to Global Harmony

The Role of Dialogue and Media in Resolving Global Conflicts

Environmental Mediation: Building Consensus for a Greener Future

The Role, Benefits, and Media Strategies for Effective Dispute Resolution

Medico-Legal Mediation: Navigating Road Accident Fund Claims

Harnessing Collaborative Solutions for Complex Disputes

Commercial Mediation: Unlocking Business Solutions Beyond Litigation

Commercial mediation is an alternative dispute-resolution process in which businesses try to resolve conflict through facilitated negotiation rather than continuing directly to judgment. A neutral mediator may assist with issues ranging from contract disputes to…

Building a Mediation-Friendly Organization

Organizations can institutionalize mediation through policy, training, and incentives. Create early dispute assessment protocols, maintain a roster of mediators, and reward managers who resolve conflicts constructively.

Measuring Mediation Success: KPIs and Feedback Loops

Track settlement rates, cycle time, cost savings, and satisfaction scores. Collect qualitative feedback on trust, fairness, and usability of agreements. Use data to refine training, process design, and policy.

Post-Settlement Improvements: Making Good Deals Even Better

After agreement, explore refinements that increase value: phased performance, joint statements, training commitments, or incentives for early completion.

Drafting Durable Settlement Agreements After Mediation

Settlement durability hinges on specificity: payment amounts and schedules, performance standards, verification mechanisms, dispute escalation paths, and remedies for breach.

Preparing Clients for Mediation: A Lawyer’s Guide

Client preparation is pivotal: explain the process, set realistic expectations, and rehearse negotiation strategies. Develop a clear BATNA/WATNA analysis, define authority limits, and identify non-monetary trades.