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

Abstract

This Article examines the professional roles of all parties during commercial mediation. Through a qualitative research project, this author 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 in the mediation process. Specifically, a study in contrasts emerges, similar to the paradox between competition and cooperation. These contrasts exist with all parties to the mediation process.

Keywords

commercial mediation, commercial dispute litigation, professional roles, mediator, mediators, counsel, insurance claims professionals, insurance claims

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Authors

Jeff Trueman (Pepperdine School of Law)

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