Tag: problem resolution

The Mediation-Arbitration Option

While most parties choose to resolve disputes by either mediation or arbitration (or litigation), there is a hybrid process – known as Med-Arb – that parties occasionally prefer. As its name implies, the parties first mediate and then, if and only if they are unable to resolve all issues by settlement, the mediator changes hats and sits as an arbitrator,…

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Memo to Client Re: Mediation

WHAT IS MEDIATION? Mediation is a process. The mediator attempts to facilitate an out-of-court settlement between the parties by building upon areas of common agreement and by challenging the parties and their lawyers to think critically about the case, potential outcomes, and the business and other risks which attend continued pursuit of the lawsuit. WHY ENGAGE IN MEDIATION? Litigation is…

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