Evaluating the Effectiveness of Evaluative Mediation in Business Dispute Resolution
List of Authors
Norman Zakiyy
Keyword
business disputes, evaluative mediation, business decision-making, contracts, employment claims
Abstract
Business disputes in contracts, employment, trade, and regulatory conformity can interrupt business processes, increase economic burden, and escalate into unending court battles. Evaluative mediation, where mediators significantly evaluate the parties’ legal positions, predict outcomes, and offer organised guidance, and a cost-effective alternative to litigation. Unlike facilitative models, it is less investigated from the business perspective. This study utilises doctrinal analysis of statutes, court rules, cases, and scholarly sources to evaluate its potential. Findings chiefly show that evaluative mediation produces swifter, legally informed, and cost-effective solutions for the parties. The analysis of court cases confirmed its ability to resolve disputes effectively, thus reducing litigation costs and preserving business relationships. Its impact is remarkable when parties are actively involved, making it a practical mechanism for complex disputes involving contracts, partnerships, employment, intellectual property, and fraud. By combining legal insight with structured guidance, evaluative mediation facilitates fair, efficient, and viable resolutions, supporting both business strategies and ethical compliance.