Session abstract: 

In commercial disputes, “Positions” are often institutional mandates rather than personal stubbornness. When a party clings to a specific contract clause, they are typically protecting an organisational interest—such as budget certainty or risk thresholds—that remains opaque to the neutral. This session builds on the 2024 WorldCC Most Negotiated Terms Benchmark Report1 to provide mediators with a “field guide” to the commercial pressures driving modern conflict. We will explore how to use contract structures (Master Goods or Service Agreements and Scopes of Work) as objective criteria to pivot from adversarial legal posturing to interest-based problem-solving. 

Target audience: 

Commercial mediators & arbitrators, in-house corporate counsel, and private practice lawyers involved in contract drafting and commercial litigation. 

Key learning outcomes: 

Capture Commercial Clarity in the Mediation Summary by accurately reflecting the technical and commercial trade-offs agreed upon by the parties. 

Analyse the “Negotiation vs. Dispute” Gap by contrasting the terms companies fight over most (Positions) against the systemic commercial risks they are intended to mitigate (Interests). 

Utilise the Statement of Work (SOW) as a neutral, objective reference point to anchor open-ended inquiry into project reality versus contractual boilerplate. 

Identify “Directional Intent” in disputes where the parties at the table are constrained by “Ghost” decision-makers or rigid internal corporate mandates. 

Refine Interest-Based Inquiry by mastering the transition from “Leading Questions” to “Targeted Commercial Inquiries” that uncover organisational drivers while maintaining process neutrality. 

Bio:

Joánri Duursema, CCMAP is the Principal Consultant of Duursema Dispute Resolutions and a seasoned neutral with over a decade of expertise in the architecture, negotiation, and lifecycle management of complex commercial agreements. Their practice is informed by a core professional philosophy: “Contracts are the simplest form of human communication—do you agree, do I agree, and do we agree on the same thing?” 

This focus on fundamental alignment is uniquely shaped by a career spent on the front lines of $1B+ portfolios across the energy, technology, and industrial sectors. Joánri is a subject matter expert in both buy-side and sale-side contract construction, specialising in the alignment of Master Agreements (MSA’s, MGA’s MLA’s etc.) with technical Statements of Work to prevent operational gridlock. 

Holding an international law degree (LL.B.) and the Advanced Practitioner designation in Contract & Commercial Management (CCM-AP), Joánri provides a robust technical perspective on contract resilience. They have been a featured panellist on mega-project challenges at the World Commerce & Contracting Americas Summit and are a recognised contributor to the ADR Institute of Alberta (ADRIA). Their published work explores the technical validity of dispute resolution clauses and the practicalities of navigating procedural failure in volatile markets. 

While Joánri’s foundational expertise lies in decoding the commercial friction of high-stakes industrial conflict, they are currently expanding their mediation practice to include Family and Separation matters. Whether navigating a multi-million-dollar corporate claim or a sensitive personal separation, Joánri is dedicated to helping parties translate complex drafting failures and emotional risks into clear, actionable pathways for resolution.