ABSTRACT
Commercial mediation in the United Kingdom developed slowly because people were hesitant to enter into settlement discussions where the result was non-binding and where the mediator could impose a binding decision on the parties. The impartial contracted mediation panel usually consists of one lawyer and one commercial expert who are both trained mediators. Mediation, particularly Contracted Mediation, is different in addressing needs rather than rights and, in the case of Contracted Mediation, focusing on the successful project outcome. Once this Pre-Mediation Information and Dispute Assessment has been completed the mediator should understand the critical facts in dispute, the legal issues, an estimate of the costs, and the necessary company time to either prosecute or defend the case. Commercial mediation in the United Kingdom developed slowly because people were hesitant to enter into settlement discussions where the result was non-binding and where the mediator could not impose a binding decision on the parties.
