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Words: | Submitted: Fri Mar 31 2006
... a neutral channel of communication between them. Since the parties to the action appoint the mediator, they stay in control of the proceedings throughout the case. The crucial difference between mediation and going to court or arbitration (where parties appoint a professional person to hear their arguments and make a decision) is that the outcome is not imposed on the parties. Instead they themselves reach a settlement that is agreeable to all sides. The mediator is there to facilitate a settlement, not to sway decisions, therefore they must not tell the parties their own views of the dispute. Why use mediation? The main advantage of mediation is that it saves money. Another benefit is its flexibility: there is no hard and fast rule about how the mediator should operate. It's up to the parties themselves to work out how the dispute is to be settled. The mediator might gather both parties together to work ...
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