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ARTICLE · 06 SEPTEMBER 2018

What Is Mediation, And Why Is It A Good Idea?

Brodies LLP
Brodies LLP
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Brodies LLP

Brodies LLP

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Picture two parties who are in a dispute. They've tried to resolve it themselves by discussions. They've even each instructed lawyers to send formal letters, but to no avail. What should they do?

United KingdomLitigation, Mediation & Arbitration

Picture two parties who are in a dispute. They've tried to resolve it themselves by discussions. They've even each instructed lawyers to send formal letters, but to no avail. What should they do?

You might be forgiven for assuming that the next step would be court proceedings. More and more, however, individuals and business are turning to alternative forms of dispute resolution ("ADR") to try and resolve their disputes. Mediation is one such form of ADR.

What is mediation?

According to the Centre for Effective Dispute Resolution ("CEDR"), mediation is:

" ..a flexible process conducted confidentially in which a neutral person (a mediator) actively assists parties in working towards a negotiated agreement of a dispute or difference, with the parties in ultimate control of the decision to settle and the terms of resolution."

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