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Corporate lawyers tend to be removed from all dispute resolution processes, including mediations. At times, they even rely on their colleagues for the drafting of the dispute resolution clauses included in their transaction agreements. When a dispute arises and the transaction parties proceed with mediation, their corporate lawyers generally defer to litigation colleagues. However, mediation among commercial parties can generally be optimized when the corporate lawyers who advise on the underlying transactions are familiar with, and included in, the process.
In this One-Hour Briefing, Myrna Barakat Friedman will dissect the mediation process and highlight the steps in which the corporate lawyer may want to be involved to improve its chances of success. Leveraging her experience as both a corporate/transactional lawyer and a commercial mediator, she will provide practical guidance on the basics and intricacies of mediation and flesh out the various ways corporate lawyers can effectively assist their clients in the event a dispute arises and mediation is triggered. Whether you’re a corporate, litigation or specialist lawyer, a junior lawyer or a seasoned partner or in-house counsel, these insights will help you familiarize yourself with the specifics of the mediation process and be better equipped to advise your clients from drafting to settlement.
You will learn:
- Mediation basics (10 minutes)
- Anatomy of a mediation (10 minutes)
- Why and when to mediate (10 minutes)
- Corporate counsel’s role in mediations (15 minutes)
- Other dispute avoidance and dispute resolution processes (5 minutes)
- Optimizing mediation (10 minutes)
Myrna Barakat Friedman
Independent Commercial Arbitrator, Mediator and Dispute Prevention Neutral
Founder and Managing Director, MB Corporate Advisory Partners