Mediation in the World of Commercial Dispute Litigation: An Inside Look at the Challenges for Counsel, Mediators, and Insurance Claims Professionals

Law review article published by the Washington University Journal of Law & Policy.

Abstract

This article examines the professional roles of all parties during commercial mediation. Through a qualitative research project, I examined the challenges, frustrations, and concerns faced by participants during the mediation of litigated commercial disputes. As a result of these qualitative surveys, similar challenges and frustrations emerge, producing a study in contrasts that is similar to the paradox between competition and cooperation.

Here’s a PDF copy of the article.