A Mediator Attempting to Negotiate a Resolution to a Commercial

question 63

Multiple Choice

A mediator attempting to negotiate a resolution to a commercial dispute has conceded that she is unable to move the dispute through the mediation process.What would the mediator most likely say is the main factor contributing to the failed mediation?

• A) the parties' inability to choose effective teams of negotiators
• B) the unwillingness of one party to compromise and quickly resolve the issues
• C) the mediator's lack of familiarity with the industry and the businesses
• D) the parties' mutual failure to include an arbitration clause in their contract