Simulation of Commercial Mediation – German Beer Shipment

MEDIATORS/PARTICIPANTS
Online Mediation Simulation Commercial Case

  • Pam (USA) – Mediator
  • Stephan (Germany) – Party 1
  • Mervyn (South Africa) – Party 2
  • Giuseppe (USA) – Coach

THIS CASE IS A NUTSHELL

  • The Manager of a Vacation Resort Had Placed a $1,000 Order to the Regional Distributor of an Exclusive  German Beer, Highly Popular With His Guests
  • But Instead of Using the Shipment Carrier Recommended by the Distributor, He Chose a Different, Cheaper Carrier
  • When the Shipment Arrived, All Beers Were Broken
  • Unknown to Each Other, Each Party Has an Interest to Resolve Their Case in Mediation

LESSONS LEARNED (Discussed During the Debriefing Session)

  • First Impressions – What Makes the Mediator’s Opening Statement Effective and Personal
  • When and How to Discuss the Parties’ Options if They Cannot Reach an Agreement in Mediation
  • Who Decides Whether a Mediation Was Successful?
  • What Can Mediators Dig for Information That the Parties Would Rather Not Share
  • Online Agreement Writing – How to Choose the Right Time

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