Many mediators will tell you that the mediations most likely to fail to reach a settlement are those that are required by a contract. When the parties’ dispute is subject to a contractual condition that they must participate in mediation before commencing a formal lawsuit or arbitration, parties often treat the mediation as a necessary evil, as a box to check before getting serious.
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Modern Mediation: The Pre-Litigation…
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Many mediators will tell you that the mediations most likely to fail to reach a settlement are those that are required by a contract. When the parties’ dispute is subject to a contractual condition that they must participate in mediation before commencing a formal lawsuit or arbitration, parties often treat the mediation as a necessary evil, as a box to check before getting serious.