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Is Contractually Required Mediation of Business Disputes a Waste of Time

Businesses are increasingly mediating complex business disputes before filing lawsuits or going to arbitration. This is sometimes required as part of a “step” or “waterfall” clause providing for mediation as one condition precedent to litigation. Is requiring perhaps unwilling partners to dance a “check the box” exercise on the way to litigation? Is it simply too early?

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New York Law Journal

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