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Dispute Resolution and Arbitration

Mediation

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Moving Beyond "Just" A Deal, A Bad Deal Or No Deal: How A Deal-Facilitator Engaged By The Parties As "Counsel To The Deal" Can Help Them Improve The Quality And Sustainability Of The Outcome, Manon Schonewille, Kenneth Fox Dec 2010

Moving Beyond "Just" A Deal, A Bad Deal Or No Deal: How A Deal-Facilitator Engaged By The Parties As "Counsel To The Deal" Can Help Them Improve The Quality And Sustainability Of The Outcome, Manon Schonewille, Kenneth Fox

Kenneth H Fox

Mediation is commonly characterized as one of several core ADR processes. The vast majority of the mediation literature focuses on dispute settlement and resolution. However, relatively little attention is paid to the transactional potential of business mediation - ways in which this ADR process can assist the parties to build better deals. This article describes mediation as a deal-facilitation process.