A Mediator Attempting to Negotiate a Resolution to a Commercial

question 63

Multiple Choice

A mediator attempting to negotiate a resolution to a commercial dispute has conceded that she is unable to move the dispute through the mediation process.What would the mediator most likely say is the main factor contributing to the failed mediation?

• A) the parties' inability to choose effective teams of negotiators
• B) the unwillingness of one party to compromise and quickly resolve the issues
• C) the mediator's lack of familiarity with the industry and the businesses
• D) the parties' mutual failure to include an arbitration clause in their contract

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Definitions:

Product

An item or service created through a process and offered to a market to satisfy a want or need.

Joint Venture

A joint venture is a strategic alliance where two or more parties, usually businesses, form a partnership to share markets, intellectual property, assets, knowledge, and profits.

Contractual Arrangement

An agreement between two or more parties that creates enforceable obligations and rights for each party, often documented legally.

Foreign Firm

A company that is based, incorporated, or originates in a country different from the market it operates in or sells its products to.