Russell Hinchy


This is the first in a series of articles arising out of a LEADR commercial mediators’ colloquium held on the Gold Coast in August 1999. Leading commercial mediators from across Australia attended and shared mediation experiences in three broad areas: mediation styles, mediation skills and processes, and variations to the mediation process. This article outlines some observations from the colloquium concerning the theory and practice of commercial mediation styles. In particular, the article addresses the question of whether commercial mediation practice is consistent with theory or whether the experiences of the colloquium participants raise further questions regarding mediation theory and practice. ‘Commercial mediation’ here refers to any mediation of a dispute involving a contractual relationship, including insurance. LEADR engaged the services of the author to document the discussions at the colloquium.