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Negotiation process: use a third party, national arbitration, global mediation

Question:

Many times in the negotiation process the two parties may become stuck. At this juncture, it may be time to request a third party to help resolve situation.

a. State a reason to use a third party
b. State advantages and disadvantages of using a third party.
c. Describe a recent global, national arbitration
d. Describe a mediation (global or national)

Solution Preview

a. State a reason to use a third party

? You're involved in a dispute with a key executive and would like to resolve it privately, without publicity ...

? You're enmeshed in a bitter dispute with a customer and would prefer to resolve it in a way which can best preserve the relationship ...

? You're in the middle of a lawsuit which seems to be going nowhere fast, but is resulting in mounting costs ...

? You're spending time on lawsuits, rather than focusing on business ...

? Your client is seeking to put litigation behind them, but the other side continues to make burdensome discovery demands, and the motion practice has become endless ...

? You're involved in a dispute with another member of your family owned business and you would like to find a solution despite the strong emotions which are running high ...

? You're in the middle of a "bet your company" lawsuit, and you're concerned about placing that bet with twelve strangers in the jury box ...

? Or, you're involved in a relatively small dispute, which you'd like to resolve, but are concerned that the amount in dispute does not justify bringing a lawsuit ...

b. State advantages and disadvantages of using a third party.

As more and more litigants discover each day, litigation is often an ineffective and inefficient way to resolve disputes. Thus there is a trend among companies and lawyers toward increased use of third-party.

Third-party provides the following benefits:

? Virtually no risk

? Non-exclusive approach - may mediate at outset or during litigation or arbitration

? Very short ...

Solution Summary

Using bullets, the first two questions are answered with long lists of reasons why to use a third person, including advantages and disadvantages. Following are two recent examples of sucessful arbitration and a second case in mediation.

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