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Mediation is a flexible tool, but it is not universally effective at every stage of every commercial case. From the mediator’s perspective, the value of mediation depends heavily on timing, readiness, and purpose. This post offers a neutral analysis of when mediation tends to work best in North Carolina commercial litigation and how counsel can assess whether mediation is likely to be productive.
Commercial mediation is often less about persuading the opposing party and more about preparing one’s own client to make informed decisions in the face of uncertainty. From a mediator’s perspective, preparation - both substantively and procedurally - is a primary determinant of the effectiveness of mediation.
