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Mediation

Mediation is a method of dispute resolution in which parties use an independent mediator or facilitator to help them reach an agreement. Unlike arbitration, the mediator makes no judgment, and if the parties reach an agreement, it is not binding.

Mediation may be specified in a contract prior to any dispute, or chosen after a dispute has arisen. The mediator should have the required training as well as industry experience, since the he or she may be asked to assess the merits of each party's position.

Source: "Manual of Credit and Commercial Laws," edited by Charles M. Tatelbaum and John K. Pearson, available at the NACM Bookstore.

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