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Using mediation to avoid litigation |
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01 December 2010 |
For many people, one of the most upsetting and stressful aspects of becoming involved in a dispute is the prospect of litigation.
For this reason, Alternative Dispute Resolution (ADR) has grown in popularity in recent years.
For many people, one of the most upsetting and stressful aspects of becoming involved in a dispute is the prospect of litigation.
For this reason, Alternative Dispute Resolution (ADR) has grown in popularity in recent years. This is a mix of processes and techniques that help people come to an agreement without going to court. These include mediation, where an impartial third party helps to structure meetings between the parties and help them reach a decision based on the facts.
As well as helping reduce the stress of litigation, mediation reduces the caseload on traditional courts and can be much cheaper than litigation. It also enables discussions to take place in private to protect confidentiality, and it gives participants the opportunity to have a say in who decides the outcome of their dispute. It is important to remember, however, that decisions reached by mediation are not legally binding and therefore do not have to be followed. A participant choosing not to comply can result in court action, however, depending on the nature of the mediation agreement.
Naturally, one of the first agreements that participants need to reach is who their mediator should be. Often, a solicitor with expertise in the area of law under examination is a good choice and should probably be considered. |
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