Mediation
Privacy
and consent of the parties are also features of mediation
but unlike litigation, arbitration or expert determination,
a conclusion can be reached only if all the parties
agree. In
order to achieve agreement, a neutral third party (the
mediator) is often required to meet the parties and
assist them to resolve their differences. The mediator
will not normally render a decision
The
procedure is structured but designed to enable the parties
to negotiate a settlement. The mediator may meet the
parties together or separately, and in the latter case
learn confidential information that may or may not be
imparted to the other party. Any settlement reached will usually be reduced to a written
agreement signed by the parties and
the mediator, and will be enforceable as a contract. If a settlement cannot be achieved the dispute may have to
be referred to a Court or to arbitration for a decision.
Key
Benefits
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Emphasis
on settlement
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Flexible procedure
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Informality
combined with privacy
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