Mediation, Not Litigation

Mediation, Not Litigation

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Mediation is the process whereby two or more people involved in a dispute come together with the help of a neutral third person to try and find a fair and workable solution to their dispute. This book explains how mediation works, and the advantages and disadvantages of mediation.

Mediation has a high success rate and is quicker than going to court, and certainly less expensive. It is also more satisfactory, as it can result in an agreed settlement over which you have total control. Whilst court proceedings polarize and destroy relations with the other side to a dispute, mediation allows you to get your point of view off your chest and then allow your relationship to continue.

The mediation process is flexible and informal, and has the objective of finding a solution which both parties can live, with rather than deciding rights and wrongs. As it will be an agreed solution, it is more likely to be complied with than if it had been imposed by a court. Mediation looks to the future and not to the past.

The aim of a mediation is to allow the parties to reach a solution themselves and not for the mediator to impose a settlement on them. If this is not possible and agreement cannot be reached, the mediation will come to an end and either party is free to start court proceedings, if they so wish. All that was said in mediation is confidential and cannot be disclosed to the court in subsequent proceedings.

Most disputes can be mediated, including those involving contracts, accident claims, debts, business ownership, employment, and family disputes over finances and children following divorce.

If you are in a dispute which you have not been able to resolve directly with the other side, this book will explain how mediation can be the answer and why you should consider it before court proceedings. It deals with the steps to be taken to prepare for the mediation, the mediation process and how the mediation is likely to be conducted, and finally finalising and enforcing the agreement reached.