Allegations of unfair competition arise when competitors believe that they are subject to disadvantages that their counterparts are not subjected to. Other cases can arise when one competitor believes another intentionally took steps to harm it so that it would not be able to compete on the same level. In order to avoid the negative publicity of an unfair competition claim, some competitors may agree to mediate their claims.

The mediator plays a special role in such cases. His or her experience in commercial law or related cases can serve as an important role to assess the relative strengths and weaknesses of a case. This neutrality coupled with experience can help the parties realize the potential risks of proceeding with litigation and the advantages of using mediation to settle the dispute.

The mediator also helps to facilitate communication between the parties. Sometimes in such cases, the parties may be so at odds that they may not be able to have any type of peaceful conversation. The mediator can separate the parties and talk to each party one on one. This tactic allows the parties to fully express their side of the story, as well as to comment on what they believe to be the strengths of the case. The mediator can use this information to become better informed of the case and its likely outcome. At the same time, the mediator only shares information that the party says is fine to share with the other party, maintaining confidentiality when it is needed or giving the other side a glimpse into damaging evidence when warranted.

The mediator can also help the parties come up with potential solutions to their problems. He or she may deliver creative ideas that can get the parties to tailor a solution based on their particular business interests.