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Abstract

This article describes a form of ‘risk analysis’ in the context of negotiation, mediation and ‘litigotiation’; and discusses reasons why such an exercise is essential for any negotiator, or for any disputant who is considering ending negotiations, or undertaking litigotiation; and suggests reasons why such documents currently appear to be uncommon in many legal cultures. It also provides examples of the use of risk analysis prior to negotiation and mediation, and precedent forms to assist a client, lawyer or other decision-maker to prepare a risk analysis.

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