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

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Chapter 15

Getting help to fix the problem — someone else decides

The position of last resort

If you can’t settle your dispute by discussion with your counterparty without the aid of a mediator or envoy, you may need the help of a person specifically appointed to decide the rights and wrongs of a dispute.

What you need to decide before you decide!

Escalating a dispute to the level where a third person or party is going to be determining who is right and wrong is a serious step.

By asking a person to make a decision as to who is right and wrong takes a lot of the control of the process out of the hands of the parties to the dispute.

Because it will involve assertions as to your legal position, it would generally be necessary to involve lawyers ...

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