Mediation is a structured process in which a neutral third party (the mediator) assists those involved in the event of a difference of opinion or dispute to find a mutually acceptable agreement that gives rights to all parties involved. This is a voluntary process and can also be used for animal rights mediation.
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Of course, lawyers always accept their clients without mediation. However, mediation provides a procedure for cases that for some reason have not been resolved. It is effective for the following reasons:-
This puts those affected – the parties themselves and their attorneys – in the same place at the same time and focuses on the same issues, not just the trial. In litigation, this usually does not happen immediately before the trial at the court door.
Cases are often decided in court, but usually with the disadvantage that everyone involved has invested a lot of time, energy, and court costs. The parties can get something off their chest without sabotaging the negotiations. Every country can say how it tastes, but in a controlled environment.
The parties may feel that they have spent “their day in court”, that they have heard and understood from the other party and the mediator. Once the mediator has built trust in a party and his or her attorney, that party can speak with the mediator confidently about what he or she is trying to achieve.
It seems that the dispute is about money, but there could be a big problem. It is also possible to include approaches other than paying money. A party may disclose matters to a neutral mediator in a confidential situation.