Preparing for Mediation
A Guide for Consumers
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Mediation is now at the heart of many forms of litigation - from debt, contract and other claims in the Small Claims jurisdiction, through family law and commercial matters of every kind. However, most disputants coming to mediation are unlikely to be familiar with the process, simply because it is confidential and does not feature in popular culture in the same way as a trial in open court. Participants may therefore be nervous and wary of what may seem to be a strange procedure, particularly the idea that it is voluntary, non-adjudicative, non-binding until its conclusion, confidential, and ...
Mediation is now at the heart of many forms of litigation - from debt, contract and other claims in the Small Claims jurisdiction, through family law and commercial matters of every kind. However, most disputants coming to mediation are unlikely to be familiar with the process, simply because it is confidential and does not feature in popular culture in the same way as a trial in open court. Participants may therefore be nervous and wary of what may seem to be a strange procedure, particularly the idea that it is voluntary, non-adjudicative, non-binding until its conclusion, confidential, and driven entirely by the wishes of the parties. The responsibility for finding your own solution and taking your own decisions, rather than have a judge tell you the answer, is something participants will find strange - hopefully empowering and invigorating - but still strange. Andrew Goodman is the author of the leading work on advocacy in mediation for practitioners of law and other professionals. In this innovative and easy-to read book, he brings his expertise to help you face the key challenges in mediation. What is form of the the mediation I face? Must I use it? How do I prepare? What should my strategy be? What is the procedure? How do I deal with the mediator? How can we settle? Who bears the cost?
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