An examination of the use of alternative dispute resolution processes in Canadian mergers & acquisitions practice

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Date
2017
Authors
Dasylva, Wuraola
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Abstract

Disputes can arise during commercial transactions no matter how well planned the business was or how comprehensively drafted the contract signed between the parties. Alternative dispute resolution (ADR) processes, substituting litigation, have become popular for helping parties resolve disputes amicably, among other advantages. The purpose of this study is to consider opinions of academic scholars on the use of ADR processes in commercial transactions. Particularly, the extent of use of these processes for resolving disputes arising from mergers and acquisitions (M&A) in Canada is tested using a qualitative research methodology with participants (M&A practitioners and ADR specialists) from different provinces across Canada. The study evaluates the use of mediation and arbitration – both being the major types of ADR processes – and reveals the near non-existent use of ADR processes in M&A transactions including the reasons thereof. Finally, this thesis suggests ways by which ADR can be better utilized for M&A disputes.

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Keywords
ADR, Deal mediation, Mergers & acquisitions, Arbitration, Mediation
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