Invitation to Participate: FROM MEDIATION LAW TO A SUSTAINABLE COMMERCIAL MEDIATION MARKET

Dora Zielske

Sep 22

6 min read

Updated: Sep 27

Building a Financially and Ethically Sustainable Commercial Mediation Ecosystem in Hungary

Project concept | 22 September 2026

I. The question

Hungary has had a statutory framework for mediation for more than two decades. Yet in commercial disputes, mediation has not developed into a routinely considered dispute-resolution mechanism alongside litigation, arbitration and negotiation. Why?

The usual response is to promote mediation more strongly. I believe the question needs to go deeper:

What would have to be true for commercial mediation to become a financially and professionally sustainable part of the dispute-resolution market?

A functioning mediation market cannot be created by mediators alone. Businesses, in-house and external lawyers, mediators, courts, professional organisations, business associations and policymakers all influence whether and when mediation is considered – and each operates under different incentives.

For companies, unresolved commercial disputes consume legal costs, management capacity and time, create uncertainty and may damage valuable commercial relationships.

For lawyers, successful early resolution may be perceived as reducing work traditionally generated through lengthy litigation or arbitration – or reducing the role of the lawyer in resolving the dispute. Rather than simply asking lawyers to recommend mediation more often, the project will examine whether lawyers can become drivers of commercial mediation while maintaining or increasing the value and economic viability of their professional services.

Mediators face a different economic challenge. High-quality commercial mediation must itself be financially sustainable, while remuneration must not create an economic interest in whether or on what terms the parties settle, or otherwise compromise independence, impartiality and party self-determination.

This leads to the central question:

How can we create a commercial mediation ecosystem that is financially attractive and sustainable for the actors involved, ethically sound, and capable of delivering measurable value to businesses and society?

II. Cracking the code

I approach this question as both an economist with 30 years of international corporate experience and a practicing mediator who has been working to advance mediation in Hungary for many years. The project grows directly from my experience with commercial disputes and from repeated discussions with CEOs, lawyers, mediators and other stakeholders. These conversations have generated observations and hypotheses; the purpose now is to investigate them systematically.

The research will examine four interconnected perspectives:

The business case for companies. What is the true economic cost of a commercial dispute beyond court fees and lawyers’ invoices? When should mediation be considered, and how can companies make that decision systematically?

The business case for lawyers. How can lawyers support earlier and more effective dispute resolution without undermining their own economic interests? Can dispute diagnostics, early case assessment, mediation advocacy – representing clients strategically in mediation – and alternative fee structures create attractive professional-service models?

A sustainable and ethical business model for mediators. How can highly qualified commercial mediators build sustainable practices while remaining economically independent of the outcome? Where should the ethical boundaries of remuneration lie?

The institutional environment. What roles should courts, professional organisations, business chambers, ADR institutions, universities and policymakers play? Which legal, procedural and economic incentives increase the appropriate use of mediation – and which may have unintended consequences?

The objective is not to make mediation mandatory or appropriate for every dispute. It is to create an environment in which businesses and their advisers systematically consider the available dispute-resolution options and choose mediation where it offers the best commercial route.

III. From Hungary through Europe to the U.S. – and back

The project will begin with structured research among stakeholders in Hungary and selected European countries to identify barriers, incentives and differing perspectives across the commercial dispute-resolution ecosystem.

An important part of this research will be to involve international companies, law firms and professional-service organizations operating across several jurisdictions. Where possible, I will compare how different offices of the same organization approach mediation in Hungary, elsewhere in Europe and later in the United States: how familiar they are with mediation, when they consider or recommend it, who initiates it, what motivates or discourages its use, and how the surrounding legal and business environment influences their behaviour. This may help distinguish organizational attitudes from incentives created by the local dispute-resolution ecosystem, while also providing participating organizations with valuable insight into how and why their own approach to mediation differs across jurisdictions.

The findings from Hungary and Europe will provide the questions and hypotheses for the second phase: studying the United States, where commercial mediation is more established. Where possible, the U.S. research will continue the same cross-border comparisons with international organizations included in the European phase.

The intention is not to copy the U.S. system. Legal cultures, professional rules and markets differ. The objective is to understand why particular mechanisms work, which incentives make them work, why the same international organization may behave differently across jurisdictions, and which elements could realistically be adapted to Hungary.

IV. Building the Hungarian ecosystem together

The project is therefore not only about studying the mediation market. It is also about connecting it.

I am seeking cooperation with businesses and corporate counsel, commercial law firms, business and financial advisers, chambers of commerce, judges and the judiciary, mediation organisations, ADR institutions, universities and policymakers.

Their perspectives will be explored through structured discussions and research: Where are incentives aligned and where are they not? What prevents companies from considering mediation earlier? What would enable lawyers to integrate mediation into profitable dispute-resolution practices? Which business models allow mediators to build sustainable practices without compromising ethical principles? What role should courts and institutions play?

By making these different interests and incentives visible, the project can begin a dialogue between actors who influence the same market but rarely examine it together – identifying areas of common ground and opportunities for practical cooperation.

V. From research to action

The findings from Hungary, selected European countries and the U.S. will first be brought together in a draft white paper, including evidence-based recommendations for developing a financially viable, ethically sound and institutionally supported commercial mediation ecosystem in Hungary.

The draft findings and recommendations will then be tested in a small stakeholder workshop with participating organizations and selected experts. The purpose will be not only to present the research, but to challenge the findings from different stakeholder perspectives, identify practical obstacles and areas of common ground, and jointly explore what could realistically work in Hungary.

The results of this process will inform a final white paper and actionable agenda for the development of commercial mediation in Hungary.

The project is planned to conclude with a Commercial Mediation Conference in Q1 2028, where the findings will be presented and participating organisations will have the opportunity to exchange perspectives, build relationships and discuss priorities for future action.

The ambition is therefore not simply to produce research about the mediation market, but to use the research process itself to connect the ecosystem and help turn findings into action.

VI. Why now?

Hungary is in a period in which important questions about competitiveness, institutional effectiveness and economic development are being reconsidered. This creates an opportunity to rethink how businesses, lawyers, mediators and institutions can work together to create a more effective dispute-resolution environment.

Rather than another isolated initiative to promote mediation, the present moment offers an opportunity to build a consensus-based, cross-professional approach – designed together by those whose decisions ultimately determine whether commercial mediation will work.

VII. Conclusion

Unless the economic interests of businesses, lawyers and mediators can coexist with the institutional and ethical requirements of mediation, legislation and promotion alone are unlikely to create a sustainable commercial mediation culture.

The question is therefore not simply: How do we promote commercial mediation?

It is: How do we make the commercial mediation ecosystem work?

I am currently identifying organizations and individuals in Hungary, Europe and the United States interested in contributing their experience, data, perspective or institutional support to this work.

I would be pleased to explore how you or your organization could participate.

This project was conceived and developed by Dora Gabriella Zielske, Founder and Managing Director of Unlimited Mediation Group.

This document is shared for the purpose of exploring potential collaboration and support. Its distribution does not constitute permission to reproduce, publish, submit as part of a fellowship or funding application, or commercially exploit its original content without the author's prior written consent.