Originally from Alternatives to the High Cost of Litigation

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Although mediation is often touted for its flexibility, it has become increasingly common to apply a set of standardized mediation practices to a broad range of civil disputes. The tendency to do so frequently shortchanges the large complex case that is sent to early mediation, or that arrives at mediation because a contract provision requires that mediation occurs before litigation or arbitration can proceed. 

This article addresses why mediation often fails in such circumstances and offers an approach that is tailored to the specific needs of commercial parties involved in complex litigation or arbitration.