ANSWERS: 1
  • Mediation law refers to an alternative dispute resolution process where parties to a dispute agree to engage a third-party mediator, who through application of conflict resolution skills, plays an active role in convincing the parties it is in their best interests to reconcile their differences through a negotiated settlement.

    Role of Mediator

    A mediator attempts to negotiate a settlement between the parties based on his knowledge of the facts of the case as well as the applicable law. A mediator consults with the parties individually and collectively, and uses his negotiating skills and techniques of persuasion to convince them to reach a negotiated settlement rather than proceed with litigation.

    Mediation vs Litigation

    A mediator's function is to act, in a proactive manner, as an honest broker between the parties to foster a settlement of the dispute. During the course of pending litigation, a judge rarely intervenes between the parties in such a manner.

    Significance

    If the parties are not deadlocked and are amenable to negotiating a settlement, compared to litigating a matter through the court system, mediation can be an effective and cost-effective method for resolving disputes.

    Features

    To induce the parties to reconcile, it is not uncommon for a mediator to illustrate to either one or both of the parties, as appropriate, the fundamental flaws in their respective case.

    Considerations

    In situations where the facts and the law in a particular case overwhelmingly favor one of the parties involved in pending litigation, such that there is a substantial likelihood he will prevail at trial in court, mediation might not be an appropriate nor optimal forum for resolution of the dispute.

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