After almost three years of experience mediating many of the pre-condition disputes, including those arising under representations and warranties policies, I still encourage parties to build into their policies a mediation provision. However, I would recommend the parties defer satisfying that condition until they have closed the information deficit from which they each suffer.
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From the Author: I'm grateful to Peter Adler, James Melamed, Samantha Hardy, Nikola Balvin and Claire Holland for their vital roles in getting this essay published." Synopsis Multi-party facilitations often...By Alex Azarov