Ohio State Journal on Dispute Resolution
Scott R. Peppet, Contract Formation in Imperfect Markets: Should We Use Mediators in Deals?, 19 Ohio St. J. on Disp. Resol. 283 (2004), available at https://scholar.law.colorado.edu/faculty-articles/502.
This Article asks a simple question: Could third-party mediators be helpful in deals, just as they are in disputes? This Article makes a theoretical argument for such interventions, but also presents preliminary empirical evidence suggesting that transactional mediation may already be taking place.
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