Abstract
Mediation is on the rise but it is lagging behind in certain fields such as in the resolution of complex disputes. This article addresses how biases in the decision-making process for selecting either mediation or litigation surrounding dispute resolution works in the disadvantage of mediation. It argues that a lack of awareness of how to use mediation in complex matters and incomplete information on the possible roles and responsibilities mediators may fulfill in organizing a successful dispute resolution process, results in biased decision making. The author argues that mediation practice could increase significantly if successful approaches were more widely available and understood.
Original language | English |
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Title of host publication | Conciliation et médiation commercial: Domaines d'application et droit compare |
Editors | B. Blohorn-Brenneur |
Place of Publication | Parijs |
Publisher | L’Harmattan |
Pages | 135-151 |
Number of pages | 17 |
Publication status | Published - 2013 |