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Using Mediation Techniques To Improve M&A Outcomes

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Chapter Summary

There is frequent complaint that mergers and acquisitions (M&p;A) often fails to deliver the promised value to shareholders and may at times even be value destroying. Generally, discussions about the use of mediation in deal making have revolved around using mediators to break a negotiation impasse, to facilitate discussion of ancillary matters such as staff benefits, or to resolve disputes along the way where a complex deal involves the implementation of interrelated contracts over a period of time. Mediation methodology encourages realism and cooperation from the start. The author believes the mediation techniques can add value to all stages of the M&p;A process and that one should be looking to incorporate some of these into our practice, most especially at the earlier stages of the process where the impact can be greatest.

Keywords: mediation techniques; mergers and acquisitions (M&p;A); staff benefits



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