SDR Process vs Mediation


  • SDR thinks that mediation as practiced today wastes time and has too high a likelihood of not resolving a dispute.
  • As practiced today, mediation often involves more than a day for even the initial mediation session.  More complex matters often get mediated over months.  
  • Progress is made—at best—late in the day—and only then if the parties truly want to compromise.
  • SDR believes that the basic problem with mediation is that the participants know they can walk away with no resolution and continue the dispute.  There is no fear of a decision by a third party to cause each participant to dread a resolution arising from the mediation that could be significantly adverse.  The mediation process undercuts itself.
  • In contrast, the participants in an SDR process know that a resolution will be reached the very day of the meeting.  They can’t afford to take unreasonable positions because the founder is required to make a binding decision at the end of the single day of the meeting. There is no real opportunity for posturing and delay.

 

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