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Contract Negotiation Handbook: Getting the Most Out of Commercial Deals by Damian Ward

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Chapter 14

Getting help to fix the problem — but the warring parties decide

Everyone needs a little help sometimes

In the past 15 years or so mediation, which is otherwise known as ADR or ‘alternative dispute resolution’, has become an important part of resolution of disputes in the Australian business community.

What is a mediation?

A mediation is a mechanism for resolving disputes. It involves the parties seeking a negotiated resolution of their disagreements. It does not involve a decision being imposed on either party by any person. If the dispute is resolved, it is done so by mutual agreement and the parties themselves setting out the terms and conditions upon which the dispute is settled. There is no ‘evidence’ taken. There are no factual ...

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