How Standing Mediators Can Add Value in M&A Deals

The popular conception of a professional mediator is that of an individual parachuting 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. This article discusses how a standing mediator can add significant value, particularly in the context of an M&A transaction.