How a Standing Mediator Can Add Value in an M&A Deal

The popular conception of a professional mediator is that of an “ad hoc” mediator - an individual who parachutes into the midst of a hot dispute on short notice to facilitate a resolution that the parties view as a better net result than they are likely to obtain from further combat. The idea of a “standing mediator”, a neutral engaged by parties to a business transaction before a dispute has arisen to be available to assist in solving problems as they may from time to time arise, has far less currency. In this program we will discuss the differences between the “ad hoc” and “standing” approaches to mediation, exploring the advantages and disadvantages of each. We will then discuss how the appointment of a standing mediator can add value in the right situation. We will also explore the challenges, techniques and approaches that distinguish standing mediation from ad hoc mediation. Although our focus will be on the potential role of a standing mediator in the context of a transaction involving the sale or combination of businesses, we will also touch on how a standing mediator can add value in other types of long-term business relationships.

This training is created with a focus on Attorney Mediators.