Business disputes may involve multiple parties, complex contracts and intricate legal and financial issues unlike simpler civil actions that may focus merely upon injury and damages. A larger set of differing laws, regulations and standards may apply including around guarantees, commercial paper, obligations and instruments, contracts and consideration. Perhaps more importantly, long term, or ongoing business relationships may require preservation in commercial disputes. Remedies include greater considerations than mere compensation and may include contract completion, specific performance, or to refrain from or to engage in other specific conduct now or in the future. While insurance may be present the parties themselves may have differing policies and contractual relationships, indemnitors or guarantors, or the parties own assets may be in play.
Irrespective of the standards and law, the mediator must facilitate communication, promote understanding of not only differing positions but critically, shared interests in resolution of disputes so as to come up with mutually acceptable solutions. By adopting a common sense approach to addressing these challenges, mediators can help parties settle their disputes in a way that is efficient, effective, final and mutually beneficial without the uncertainty and expense associated with continuing litigation.