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Mediation: Is It Still a Poor Alternative to Judicial or Arbitral Proceedings? |
July 18, 2008
Previously published on July 7, 2008
Historically, the general consensus of mediation - a form of alternative dispute resolution that typically entails a confidential process of negotiation that is facilitated by a neutral third party - has been that it is a watered-down version of dispute resolution that rarely results in settlement. In more recent years, however, a number of the myths surrounding mediation
have been dispelled (at least in the UK) thanks to (i) the introduction of court procedures
requiring parties to discuss the mediation option in any event and (ii) the high success rate
of mediation (recent statistics suggest that 65 to 85 percent of cases referred to mediation
settle at the mediation session).
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The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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