Alternative ways to resolve a conflict


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Mediation

MediationAnother advantage of mediation is
confidentiality. With very few exceptions,
As an alternative to litigation the processwhat is said during mediation cannot legally
of mediation can help parties in a lawsuitbe revealed outside the mediation proceedings
evaluate the issues and come to a settlement.or used later in a court of law. By contrast,
This can be an efficient process to helpone of the drawbacks of going to court is
resolve disputes. The key component ofthat, by and large, everything said or
mediation is that if an agreement is reached,submitted in connection with a lawsuit
the terms of agreement are determined by thebecomes  available  to  the  public.
parties themselves rather than being imposed
by a third party. A neutral mediator assistsThe use of mediation has increased as a means
the parties in reaching a voluntary,to resolving many types of claims and during
negotiated agreement. Mediators use athe past several years this process has
variety of techniques and/or skills to openbecome one of the most widely used methods of
and/or improve dialogue between thearriving at a reasonable compromise
disputants, with the purpose of reaching ansettlement. This process may be especially
agreement  regarding  the  disputed  matter.beneficial in cases which are expensive and
difficult to litigate to a jury verdict. When
By participating in this process, the partiesapproached effectively, it ends the claim or
do not agree that they will actually settlelitigation without any further costs to the
the dispute and the mediator does not haveclient. If it fails, the parties proceed
the authority to impose such a settlement.through the regular procedures of litigation
The mediation process may be terminated atand jury trial without any penalties.
any time without cause by either party.



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