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Why Mediate Civil and Commercial Disputes?
Using mediation as a technique
to resolve a dispute generally produces or promotes:
- More economic solutions as mediation is generally less
expensive when contrasted to the cost involved
in litigation
- Rapid settlements - in an era when it may take as
long as a year for a case to proceed to court and multiple
years if a case goes to appeal, the mediation alternative
often provides a more suitable option
- Mutually satisfactory outcomes – as solutions
are agreed rather than imposed by a third party decision
maker
- A higher rate of compliance – as a result of
the satisfactory outcome, parties are more likely to
comply the terms of the solution ensuring that the agreement
remains in tact over time
- Comprehensive and customised agreements – solutions
can often be more creative and wider in scope than could
normally be achieved through legal process
- Greater degree of control and predictability of outcome
- parties who negotiate their own settlements have more
control over the outcome of their dispute and more personal
empowerment in the resolution
- Preservation of an ongoing relationship or termination
of a relationship in a more amicable way - a mediated settlement
that addresses all parties' interests can often preserve
a working or personal relationship in ways that would not be possible in a
win/lose decision-making procedure
- Government and Judicial support – since the
Woolf reforms to civil procedures in 1999, legal practice
has increasingly included a settlement-based approach to
disputes.
There is now a duty on
courts to actively case manage by encouraging the parties
to co-operate and use ADR. There have been court cases,
(for example Halsey v Milton Keynes NHS Trust (May 2004),
when the parties have been fined for their refusal to consider
mediation before litigation
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