Mediation: The Art of Finding Common Ground
Does your contract have the answer?
Contracts for consumer electronics and information technology products and services are often complex. They can take months, even years, to negotiate.
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When you think about how many variables, specifications and interdependencies there can be to consider, that’s perhaps not surprising.
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What is surprising, however, is how precious few contracts specify who you should turn to for mediation when, over time, a disagreement escalates into a protracted dispute.
Even where an agreement contains a mediation or alternative dispute resolution clause, it’s often frustratingly silent about vital details:​
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How should you choose a mediator?
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What qualities should they possess?
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How much industry experience do they need?
The answers to these questions matter. Because let’s be clear:
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Not every mediator is the same. And not every mediation will necessarily reach an optimum outcome.
Finding common ground starts with finding the most suitable mediator
How your chosen mediator goes about helping you resolve your differences can be the difference between a less-than-satisfactory settlement and a creative, mutually beneficial resolution.
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Between an end result that papers over the cracks and one that gives you a platform for a re-energised and long-lasting commercial relationship. Between parking underlying issues for another day and building a bridge to a better future.
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I can’t tell you who to choose as your mediator, but since I’ve spent decades in the trenches of commercial conflict management, perhaps I can show you how to choose.
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In a moment, we’ll take a look at 3 qualities to look for in a mediator.
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But first, you may still be wondering what's involved in mediation and whether you should mediate in the first place.​​​