Mediating Contract Disputes/Martin Rosenfeld, JD

A short post recently was penned by Mediator David Allgeyer, JD at The topic that was covered was the advantages of mediation in disputes of a contractual nature. Atty Allgeyer’s points are summarized as follows:

*A Court has only limited remedies for a contract dispute. There can be et al compensation, or a voided transaction, or what we can specific performance. In mediation many creative solutions can be discussed and considered. An example might be the NFL where there is an agreement that when a coach is lured away from another team, the aggrieved team will be given a draft choice that belonged to the “raiding” team. Creativity and free-wheeling discussion know no bounds. Mediation is an excellent forum for such give-and-take.

* There is so much time and money invested in the litigation. Often there is no clear-cut winner but two losers.

*After litigation, the relationship between the parties is likely to be, and remain, toxic. After mediation, the parties can still work together where they are so inclined. Win-Win makes this possible.

Not all mediations lead to a resolution. However, at the very least, the groundwork for future solutions has been made. Mediation is forward-looking and hopeful. When deadlocked in a dispute, mediate and don’t litigate.

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