Alternative Dispute Resolution – Mediation
- Mediation is a voluntary, non-binding private method of dispute resolution.
- It is a process where a neutral person helps the parties reach a negotiated settlement.
- Civil Procedure Rules place a duty on the court, party representatives and the parties themselves to use ADR in appropriate cases.
- It is now accepted that all litigation lawyers must consider if mediation is an appropriate method of resolving their client’s dispute.
- Costs sanctions have been imposed against parties who decline alternative dispute resolution mediation and proceeded to litigate (even if winning) in cases where the court considered mediation to be appropriate.
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