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: mediator blah...blah...ADR clauses force parties to the table
They came to mediation today because they had to - there was a mediation clause in their contract. They both felt press-ganged into being at the table, but what to do? They can't do litigation until they've done mediation and it did seem like a good idea when the lawyers drafted it two years ago.
But today it threatened to sabotage the mediation, just when they needed it most.
My M.O. has always been, 'they'll come round once we get underway' but today it continued to be the elephant in the room far longer than was good for us.
As an increasing number of commercial contracts contain an increasing number of ADR clauses and as more people find themselves in mediation because them, mediators will need to develop effective interventions to deal with this particular animal.Any suggestions?
Full post as published by mediator blah...blah... on April 02, 2009 (boomark / email).
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