Abstract
AbstractMediation is a valued alternative dispute resolution process in commercial business disputes. When used prior to arbitration or litigation, mediation is helpful in narrowing disputes and supporting settlement. When included as a supplemental step within other processes, mediation has additional benefits. It is worthwhile to explore the barriers and benefits counsel cite regarding mediation. We will consider participants' underlying assumptions surrounding how and when to mediate using American Arbitration Association® (AAA) User Surveys and data from 2,814 AAA cases closed in 2018. Practice and extant literature indicate that early mediation reduces the financial, emotional, and relational costs of business disputes.
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