While the current
commercial mediation model may be meeting the needs of the repeat players and lawyers, what about the needs of the parties themselves — the one - shot players?
In my last post, I promised to explore how the current
commercial mediation model might be «tweaked» to unlock the full potential of mediation.
That model is not always appropriate, for example if there are very complex financial structures, and so some mediators have been trained to offer lawyer assisted mediation, which follows
commercial mediation models.
Not exact matches
Ontario's
Commercial Mediation Act, 2010 (to implement the UNCITRAL
Model Law on International
Commercial Conciliation) made the same choice.
On February 9, 2018, the United Nations Commission on International Trade Law's («UNCITRAL») Working Group II concluded negotiations on a convention and
model law on the enforcement of settlement agreements reached through international
commercial conciliation or
mediation.
Before the
commercial mediators and counsel stop reading and click on the «delete» key, I ask them to consider the possibility that Mr. McMahon isn't making judgments about which method is «right» or «wrong» but, rather, is trying to say that the full potential and power of
mediation is not being engaged in the
commercial model.
While it remains the primary framework for
mediation in many areas (including parenting
mediation, child protection
mediation and other types of «family»
mediation,
mediation of employment disputes and some estate
mediation), the
commercial model is predominant in other areas including
commercial mediation, motor vehicle personal injury
mediation, construction
mediation, and labour
mediation.