Whilst not currently widely practised in personal injury or clinical negligence litigation, mediation potentially offers an alternative course of action allowing for the possibility of a more satisfactory outcome for claimants.

Nearly all construction industry standard form contracts require mediation as part of their dispute resolution provisions. Often confused with arbitration, mediation is a negotiation facilitated by a neutral third party.

Regardless of the types of commercial disputes that may arise, there are ways in which even the most complex and protracted disputes can be resolved amicably, failing which, the latest procedural trends promise to reduce the risks and costs of arbitration. 

Lawyers can fulfill their roles as mediators just as well as they fulfill their roles as litigators. These individuals, who have spent all their lives in dispute management, can, and often do, accomplish wonders in mediation. 

The mediation process is inherently flexible. Traditionally, it is used as a dispute resolution tool where parties can come together, call a timeout and reach a mutually acceptable solution. But in the time of a pandemic or even otherwise, there are several uses of the mediation process. 

At the beginning of a new year, it seems a good time to look back on some of the common excuses, sorry, reasons, for refusing to mediate that occasionally continue to circulate especially in litigated cases. 

Mediation. Arbitration. Conciliation. Three words that sound alike and come up frequently in the family law context but have different meanings and implications

A constructive and active dialogue during a mediation helps foster an understanding between the parties and bridge the gap, narrowing the issues for reaching a negotiated resolution.

Mediation  should be thought of as a conversation about the future, with the goal of reaching an amicable divorce  settlement that puts both spouses on the best path forward.

Working with egos and emotions is considered an obvious task for a Mediator and this responsibility is heightened when the parties involved are high profile individuals or global brands.