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Successful Mediation of Leasing Disputes

By Steven B. Corenblum and Barry Marks

Many leasing attorneys object to mediating lessor'lessee disputes. Some feel that the law is clear enough in favor of the lessor or lender to result in a quick victory in court. Others fear that a mediator will “split the baby” rather than give the lessor its due.

Before turning their backs on mediation, equipment finance lawyers should recognize that leasing disputes are not always clean and simple. Disputes involving maintenance and return issues and such well-worn phrases as “reasonable wear and tear” or “surplus to lessee's needs” can make for complicated issues unfamiliar to most judges and virtually any jury.

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