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

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    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)

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    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.