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ARTICLE · 15 MAY 2013

Mediation: an alternative to litigation

This article discusses LEADR, a mediation model, an alternative process to litigation to resolve commercial disputes.

New ZealandLitigation, Mediation & Arbitration

Have you ever been involved in a commercial dispute? If so, did you consider mediation to resolve the situation rather than litigation?

What is mediation?
The word 'mediation' comes from the Latin verb mediare, meaning to halve, divide in the middle, or be in the middle. The role of a mediator is thus to be in the middle – to act as the neutral person between two or more disputing parties to help them resolve their differences.

What is litigation?
Litigation, on the other hand, comes from the Latin verb litigare, meaning to quarrel or to go to law. Litigation typically involves warring parties going to Court and while a judge may be a neutral person he/she has to decide in favour of only one party.

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