Writing for Law.com, Murray Silverstein says parties can negotiate through various forms of alternative dispute resolution, preferably mediation, “instead of leaving decisions to the battlefield of the boardroom or courtroom.” The author notes: “Acting in good faith in a mediation setting avoids the prospect of rushing into litigation. Trial courts not only recognize the success rate of mediation, particularly in business disputes, but they routinely require cases to be mediated before ever getting to trial.”
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