What to keep in mind
Identify interests, outstanding obligations, settlement authority, confidentiality and the binding documentation needed for an agreement.
An informal settlement without precise performance obligations can create further conflict.
Distinctions often confused
Mediation and arbitration are not interchangeable processes.
Frequently asked questions
Can commercial disputes be settled before a lawsuit?
Yes, frequently through direct negotiation or appropriate mediation.
Must mediation always end with an agreement?
No. The parties may remain free to pursue other lawful remedies.
Informational content. It is not a substitute for professional advice.