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.
|Title of host publication||Conciliation et médiation commercial: Domaines d'application et droit compare|
|Place of Publication||Parijs|
|Number of pages||17|
|Publication status||Published - 2013|