My paper titled Blended mediation: Using facilitative and evaluative approaches to commercial disputes appears in the February 2012 edition of the Australasian Dispute Resolution Journal (Volume 23 Part 1).
This article examines the commonly used mediation methods: the facilitative process and the evaluative process, and suggests that, particularly in the context of commercial disputes, a mediation approach that blends these two processes is the preferred model. The author also presents the Mediation Matrix, a tool for use by mediators and parties to identify and track the issues, costs and risks in a dispute. By using the matrix in a blended mediation process, parties can be better informed as to the merits of their dispute when deciding whether to make an agreement, or proceed to litigation.
I am interested in receiving feedback from other practitioners as to experiences with using the Mediation Matrix.
Click here to order the paper from Thomson Reuters.
