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Commentary: The Negotiating Table: Absence of key parties during mediation poses challenges
- Article from:
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The Daily Record (Baltimore)
- Article date:
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April 25, 2008
- Author:
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Copyright informationCopyright 2008 The Daily Record (Baltimore). Provided by ProQuest LLC. (Hide copyright information)
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Sometimes a person significantly affected by an agreement reached
in mediation is not present at the mediation. What are the concerns?
What are the ramifications? What are the remedies?
In many non-domestic civil and commercial mediations, it is
prudent for the mediators to raise the issue with the parties of the
involvement in the mediation process of a person other than the
parties, such person who is directly affected by any term of
agreement or decisions reached in mediation. It is a matter to be
carefully considered.
Apart from the legality issue of whether an agreement reached in
mediation is legally binding on the absent person, many agreements
and decisions affect others.
There are ...
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