Comments on: Where were the mediators in the Microsoft-Yahoo negotiations?

By: David

David — Tue, 20 May 2008 13:42:43 +0000

Thanks for this link Diane.
As an aspiring corporate/commercial lawyer keenly interested in mediation, I have always thought one of the greatest benefits of mediation (or better described in this context as “facilitated negotiation”) was the value that a neutral third could add to an agreement by focusing both parties on maximising their interests.
I am considering taking a mediation accreditation course. However, discussing taking this career path with my superiors, most have advised that mediation belongs in the realm of ADR and litigation.
I agree with my superiors to the extent that, at this stage, mediation is mostly recognised and valued (and therefore utlised) within an ADR context. However, I firmly believe that mediation/facilitated negotiation has much value to add in the corporate deal making process.
I haven’t been able to find many resources on mediation in this latter context however, I feel this is an area with a great potential for growth.
What are your thoughts on this?

By: Vickie Pynchon

Vickie Pynchon — Mon, 12 May 2008 19:50:11 +0000

Diane, Thanks for the link to this article on the mediation of commercial contracts. I’ve mediated a commercial contract negotiation only once. It was really a tremendous experience for me as well as for the parties who were negotiating a partnership to run a chain of blank blanks (confidentiality you know). To tell you the truth, I felt as if I were serving more party interests more effectively in this role than I sometimes do helping people settle litigation, particularly when those cases are “pure money” disputes. The “big boys and girls” like Yahoo and Microsoft already have people on staff who specialize in negotiating deals like this, as well as attorneys. The benefit of a neutral, of course, is in her/his ability to use back channels, to dig into the parties’ deeper commercial interests (which can’t be revealed between competitors) and to find ways of harmonizing conflicting interests as well aligning those that are already mutually beneficial.