Article

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

Author: Jeff Trueman (Pepperdine School of Law)

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

How to Cite: Trueman, J. (2020) “Mediation in the World of Commercial Dispute Litigation: An Inside Look at the Challenges for Counsel, Mediators, and Insurance Claims Professionals”, Washington University Journal of Law and Policy. 63(1).