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Commentary: The Negotiating Table: Absence of key parties during mediation poses challenges

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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