Legal Blog

M&A Nugget: Mediation – Food For Thought

Disputes between purchasers and sellers of a business after closing are common.  So is spending an enormous amount of time and money to resolve the dispute.  If the purchase agreement contains a dispute resolution section that requires the parties to first attempt to resolve the dispute by mediation, a tremendous amount of time and expense can be saved.  A mediation is basically a settlement conference at which an independent person serves as mediator to try to convince the parties to settle their dispute.  Although two obvious keys to a successful mediation are the relative strengths of the parties’ legal positions and the willingness of each side to be reasonable, mediations often hinge on the talent of the mediator.  As with any profession, there are effective mediators and ineffective mediators.  An effective mediator has a firm grasp on the law involved in the case, has good interpersonal skills and is forceful enough to cause the parties to be reasonable and settle.  If you plan on mediating a dispute under a purchase agreement, make sure that you line up a star mediator.





If you have any questions about this or any other M&A issue,
please contact Glenn Solomon at or 443-738-1522.


ABOUT GLENN D. SOLOMON | 443-738-1522

Glenn D. Solomon is a principal at Offit Kurman and has provided counsel to businesses and business owners for more than twenty-five years. He has extensive experience in the purchase and sale of businesses, structuring ownership agreements, and advising companies in financial distress.









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