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A Guide to Business to Business Mediation - Chapter 66 - AAA Handbook on Mediation - Third Edition

Author(s): 
Donald Lee Rome
Page Count: 
13 pages
Published: 
April, 2016
Practice Areas: 
Categories of Disputes,
Commercial Disputes,
Dispute Resolution & Litigation,
ADR,
Mediators,
Mediation
Author Detail: 

Donald Lee Rome, former Senior Partner at Robinson & Cole, was a Full-time Mediator and Arbitrator in business cases. He served on the American Arbitration Association training faculty and on the AAA roster of mediators and arbitrators. Now retired, he has had more than 40 years of legal experience with corporate transactions, including financings and reorganizations. Mr. Rome was the Chairman of the Dispute Resolution Committee of the Business Law Section of the American Bar Association. He was a contributing author of the Mediation Practice Book, the Collier Bankruptcy Practice Guide, and Asset-Based Financing. He was also the editor and principal author of the Business Workouts Manual.

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Originally from:

 
A GUIDE TO BUSINESS TO BUSINESS MEDIATION

Donald Lee Rome

I. Introduction
I was asked to write a chapter on business-to-business mediation for a new book on the mediation process because of the recognition that mediation has a tremendous role to play in resolving commercial disputes between businesses. Corporate counsel have already voted that mediation is their favorite dispute resolution process (as reported in a survey several years ago conducted by the Cornell Foundation for the Prevention and Early Resolution of Conflict and Pricewaterhouse Coopers). The reason is that business entities are uniquely suited to take advantage of the best that mediation offers-the highly favored "win-win" result that is controlled by the parties, not a third-party neutral, such as a judge or arbitrator.
For many years, litigation was the only dispute resolution method available when traditional negotiations failed. As a consequence, business people reluctantly entered into unsatisfactory settlements simply to avoid the inevitable waste and uncertainty inherent in litigation. Today, that is no longer the case.