The beginning of any mediation is obviously a good time to clarify procedures and roles. But it also offers the mediator a special opportunity to elicit a commitment from the negotiating parties which can prove quite useful later on: a commitment to flexibility. This article examines some advantages of seeking this commitment from the parties at the outset of negotiations and contrasts the commitment to flexibility with the more traditional one to negotiate in good faith.
Moving Negotiations from Idle to Forward: The Commitment to Flexibility,
1987 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol1987/iss/6