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The Dangers of Success Fees for Mediators: Compromising Neutrality

This piece discusses the potential issues surrounding success fees for mediators, arguing that such fees can undermine the mediator's neutrality and effectiveness. The article highlights the lack of tradition for success fees in Europe and suggests that they may hinder the use of essential mediation techniques. Additionally, it posits that success fees could deter parties from reaching settlements by complicating their best alternatives to a negotiated agreement (BATNA) and worst alternatives (WATNA).

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The Dangers of Success Fees for Mediators: Compromising Neutrality

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Presentation Transcript

  1. Success Fees for Mediators? NO, THANK YOU

  2. Why not? • Succes fees will compromise mediator‘s neutrality • Succes fees have generally no tradition in Europe • Success fees may prevent mediator using some of the techniques • Succes fees will make it less likely that parties settle (mess with BATNA-WATNA)

  3. Thank you for your attention. zbysek.kordac@weinholdlegal.com

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