Lack of consent for mediation between companies and its reasons

Abstract

This article discusses commercial mediation, presenting its principles and procedure. It shows the reason why I became interested in the topic of companies’ lack of willingness to solve problems through mediation. It presents empirical statistics from mediation in commercial cases, including those on lack of consents or settlements. The figures are shown against the background of court statistics. On the basis of research conducted in the form of case studies, it presents the possible reasons why companies do not consent to mediation or reach no agreement despite undertaking mediation. The writer analyses external factors affecting companies’ decisions. This article contains examples of commercial mediations the writer dealt with. These cases support the thesis that if there is good will, agreement is easier to reach. Some show that self-interest or impatience were obstacles to ending the dispute.