Alternative Dispute Resolution
Jun. 30, 2010
What Is Risk-Based Mediation?
Mediation works because the risk is managed and the outcome controlled, says Alexander Polsky of JAMS.
The risk-based approach to dispute resolution is successful because it focuses the parties on business considerations, rather than on the emotional issues within the dispute. The processes of facilitative mediation and a risk-based approach follow a familiar format. The mediator must identify the conflict, and create the atmosphere to permit resolution. The processes differ markedly in the approach taken by the mediat...
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