A recent trend in dispute resolution, the world over, is the gaining popularity in mediation. Mediation is slowly becoming the preferred resolution practice with mediators facilitating negotiations between parties in a number of fields all across the globe.
Mediation is becoming common practice in the business field. As more businesses are feeling the pinch due to the unstable economic climate (and now the most recent Chinese financial crisis), many businesses and individuals have settled with mediation as a way of dealing with negligence claims as well as negotiating expiry limitation periods. It is most commonly found between business partners as they determine to settle breaches of contract between themselves without involving the court.
Mediation is even supported and advocated by legal establishments and governments, highlighting the fact that parties are likely to save on costs if settling on agreements outside of the court. Some states are beginning to implement mediation support frameworks and organisations that will assist parties as well as attorneys in the legal mediation process. It is through such frameworks that people are encouraged to seek mediation especially in cases of family conflicts. Unfortunately, many law firms see mediation as a threat to their profit making endeavors, and are therefore not as supportive of the change in the legal paradigm.
Mediation agreements are settled through the mediator’s use of a number of mediation techniques and processes. No single mediation practice is relied on. This is especially true of a lot of the larger cases of mediation, like that between two commercial parties who live in foreign countries for example. In this case an experienced mediator will fall back on a wealth of knowledge and experience before settling on a particular process.
Some mediators become skilled in a particular field of law, such as family law or commercial law. In these instances it is best to use a specialized mediator.