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Letter to the Editor

Sep. 27, 2012

Compelled mediation not the same as coerced settlement

Parties contractually obligated to mediate are not required to settle. Made to talk, yes, but to agree, no. By Scott Markus of PMA Dispute Resolution

LETTERS TO THE EDITOR COLUMN

Louis Lipofsky's Letter to the Editor, "Mediation should never be compelled," Sept. 21, might be better entitled "Settlement should never be compelled." Indeed, parties contractually obligated to mediate are not required to settle. Made to talk, yes, but to agree, no.

Mediation clauses are inserted in contracts for several reasons including (1) To direct the parties toward a cost-effective method of dispute resolution w...

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