This Special Issue aims at drawing attention to the big progress of mediation, which has reached a New Era. Mediation has traditionally been a short confrontation between the parties, which frequently was characterized by each party pretending that the opposing party accepts its position, without any or much room for negotiation. Generally such contacts had not positive results. Counsel for the parties rather than adopting a more positive approach to such contacts, conceived that as just continuing their aggressive approach in Court and sometime, in the illusion to achieve more than their Client’s expected, to show to their Client how strong they were, definitely killed any possible settlement. The big progress of mediation has transformed such frequently useless exercise into a much articulated mechanism in which each party is helped by a well-trained neutral to better analyse the strong as well as the weak aspects of its position, to negotiate with the other side in a friendly and constructive way with the assistance of the mediator and to compare the possible results of such negotiation with the likely financial result of the pending or prospective litigation. Without such new approach, the parties frequently were see no reason to change their view of the dispute. Thanks to separate meetings (caucuses) the mediation may help the parties to look at the dispute with more objective eyes, thanks to the mediator’s help to review their strengths and weaknesses, what may open the door to settle it on a mutually acceptable basis.
Mediation has become a major mean to avoid or to narrow the litigation and in such a role it may considerably help society to live in a more peaceful way.
Aims and Scope:
The New Era of Mediation
Insights on Mediator Practices and Perceptions
Mediation – An Effective Tool for Commercial Conflict Management