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Mediation is a type of alternative dispute resolution or ADR. You may also see arbitration stated as a form of alternative dispute resolution. Disputes are traditionally fought in court, but litigation is a rough process.

Arbitration is time-consuming, expensive and can end up looking a lot like arbitration.

Mediation is different from arbitration and litigation in that there is no deciding party like a judge or arbitrator. The benefit of mediation
is that it provides a chance for the disputing parties to settle their dispute in a much more cost-effective and efficient manner before jumping to more expensive means of dispute resolution mechanisms.

So, you should almost universally include mediation as a dispute resolution mechanism in your contracts. However, there are instances in which I would advise against including mediation provisions in your contracts and certain considerations to make if you decide to do so.

As always, ask me any questions that pop up after watching the video!
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About me:

My 20+ years of experience in business finance, business law and entrepreneurship have led me to believe that numbers and logic are awesome tools, but understanding human nature and emotions is the first step to business success.

The Cenkus Law Firm provides services related to mergers & acquisitions, general business issues and startups, including founders’ agreements and fundraising. I also consult with entrepreneurs and have invested my own capital as an angel investor.

From 2010-2013 I served as Chief Legal Counsel of a publicly-trade international oilfield services company. From 2001 to 2006 me and a partner founded and built Paragon Residential Mortgage. Paragon was sold to Bridge Investments in 2006.

I hold a Juris Doctorate from Harvard Law School and a Bachelor of Arts degree in Economics from Messiah College in Grantham, Pennsylvania.

Now, I live in Austin, TX with my wife and two kids. I enjoy reading, running, classic movies, great food and wine and some great American football.

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