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Brad Daley
posted by: Brad Daley on: 20.05.08 (view in blog)
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Mediation is a way of resolving disputes to the satisfaction of everyone involved without the need of going to court. Parties are assisted in achieving mutually beneficial resolutions with the help of an impartial mediator.

Mediations can also be beneficial to parties even if the dispute is already subject to court proceedings. If both parties wish to mediate the court should be informed and an order staying the action for mediation may be issued. If you would like more information about staying an action for mediation you should contact your solicitor or the court at which the action is proceeding.

The parties, rather than the mediator, decide on the terms of the settlement and it is therefore essential that all parties wish to resolve the dispute.

The process is completely voluntary so a party cannot be forced to take part in a mediation and can choose to withdraw from the process at any time.

If you agree to mediate but are unable to reach a settlement you can still go to court.

 

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