February 01, 2018 Substantive Law

Preparing In-House Counsel and External Lawyer Advocates for Effective, Good-Faith Mediation of Mergers and Acquisitions

By Leslie A. Berkoff and John Levitske

Reprinted with permission from Business Law Today, February 14, 2018. ©2018 by the American Bar Association. Reprinted with permission. All rights reserved. This information or any or portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

When deciding whether to mediate a mergers and acquisitions (M&A) dispute, and then preparing for the mediation, there are a variety of factors that both in-house counsel and external counsel should jointly evaluate. We recently consulted with a panel of experienced business mediation and litigation attorneys, an experienced professional business dispute mediator, and experienced in-house counsels of public companies who considered these topics. Here are some of their key thoughts.1

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