What is the importance of mediation specialists?
Mediation is a substitute to litigation and is a form of alternative dispute resolution. Alternative dispute resolution is an attractive option for parties involved in dispute because they may be able to save legal costs as well as months of drawn out and frustrating preparations for litigation.
What do mediators do?
Mediation is the most popular form of dispute resolution, and involves an impartial third party guiding the parties in dispute towards a settlement on which they both agree. Their role is to gather information from both parties, identify common ground and help generate options for settlement.
What areas of law allow mediation?
You can use mediation in most areas of law - because in the majority of cases avoiding court is best for all parties. This is especially true in family law cases. Here are some of the most common:
Mediation is very flexible - as it can take place at any time it is not limited to ordinary working days or hours. Mediation also avoids the uncertainty and dissatisfaction often experienced in court or at arbitration where you will have to accept the judgment made, and the fact that everything said at the mediation is entirely confidential to the parties.
Mediation is also voluntary - any party may withdraw at any time. Mediation is arranged at a venue convenient to the parties, who each have their own room as well as a separate room for joint meetings. Both parties share the cost of mediation which can very depending on the value and complexity of the claim.
And crucially, the mediation process is 'without prejudice', so if a settlement is not reached litigation may continue without the parties needing to worry about having 'given away' anything during the mediation that the other could use in court.
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