Should problems routinely be submitted to mediation as soon as one or both parties believe there is a disagreement?
A. No. The initial response of parties in conflict should always be to directly conciliate their differences with each other-preferably in person. In fact, most reputable mediators will not enter upon a dispute unless the parties have made at least one good faith attempt at conciliation. When further self-initiated conciliation/negotiation of the disagreement appears fruitless, however, the addition of a third party mediator can frequently enhance the process and salvage a settlement. Mediation or arbitration clauses should never be used or construed to pre-empt the goodwill inclination of parties to seek first to resolve their differences through direct communications in the normal course of business.
Related Questions
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