Ratio Juris

Ratio Juris

Ratio Juris

In most commercial disputes whether it is construction, insurance, retail or other commercial claim cases, the mediator is usually faced with finding a common value upon which the parties can agree. Often, this becomes simply an exercise in “shuttle diplomacy” where the mediator is carrying offers and counter offers back and forth between caucus sessions or refereeing a meeting of the parties. To further the efforts towards a desirable settlement, the mediator must become more creative to frame the proposals in ways the parties can envision a wider and more complete perspective on the value of proposed solutions.

Easier said than done perhaps, but let’s list some ways monetary solutions can be enhanced by the mediator to add value to a proposal: