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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