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4 - Approaches to Mediation

Published online by Cambridge University Press:  01 September 2022

Ronán Feehily
Affiliation:
Durham University
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Summary

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.

Type
Chapter
Information
International Commercial Mediation
Law and Regulation in Comparative Context
, pp. 83 - 103
Publisher: Cambridge University Press
Print publication year: 2022

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  • Approaches to Mediation
  • Ronán Feehily, Durham University
  • Book: International Commercial Mediation
  • Online publication: 01 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781108869423.006
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  • Approaches to Mediation
  • Ronán Feehily, Durham University
  • Book: International Commercial Mediation
  • Online publication: 01 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781108869423.006
Available formats
×

Save book to Google Drive

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.

  • Approaches to Mediation
  • Ronán Feehily, Durham University
  • Book: International Commercial Mediation
  • Online publication: 01 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781108869423.006
Available formats
×