Before The Mediation

What is the profile of a decisionmaker who chooses deal mediation?

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Grunwaldzki Bridge, Wroclaw, Poland

Anyone in business who participates in dealmaking and is interested in maximizing transaction value can enlist the help of a deal mediator to oversee the negotiation process. Choosing to negotiate a deal with the help of a neutral facilitator requires an enlightened and forward-thinking attitude toward contract formation. The reason is that most business people genuinely believe they are perfectly capable, even ideally-suited, to do their own negotiating and don’t need any “help.” ...

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At what stage should we get the deal mediator involved?

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Coronado Bridge, San Diego

It’s generally best to involve the deal mediator early in the negotiations because this will give the parties the greatest opportunity to formulate the optimal deal. However, in many transactions, the parties enlist the mediator at late stages primarily to break an impasse and avoid deal failure. Negotiations can deadlock at any time in a deal, and around virtually any issue, for example, when the principals are renegotiating terms in light of information ...

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Who hires the deal mediator?

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Stone Footbridge, Greece

The parties together select the deal mediator, who must have no undisclosed connection to either side. A deal mediator is a neutral person hired by the parties to manage the deal process on their collective behalf.

Phil Neiman is a Marin County based mediator who provides dispute resolution and deal mediation services throughout Northern California and the greater Bay Area, including Marin, San Francisco, Sonoma and the East Bay.

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Who pays the deal mediator?

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Main Street Bridge, Jacksonville, Florida

The deal mediator is hired by both parties collectively. The parties will usually split the cost of the mediator equally.

Phil Neiman is a Marin County based mediator who provides dispute resolution and deal mediation services throughout Northern California and the greater Bay Area, including Marin, San Francisco, Sonoma and the East Bay.

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