1. Mediation is one of several approaches to resolving disputes. It differs from adversarial resolution processes by virtue of its simplicity, informality, flexibility, and economy.
2. The process is entirely confidential and flexible.
3. All discussions and negotiations are without prejudice and any documents prepared for mediation will be privileged and cannot be used in any subsequent court process.
4. Each party must have authority to negotiate and sign a settlement agreement.
5. Advisors can participate fully by preparing any necessary paperwork in support of the process and by attending with their client in a supportive role on the mediation day.
6. The mediation will typically take place over the course of one day (But sometimes a further day is required).
7. Mediation and litigation are not mutually exclusive.
8. Not all disputes lend themselves well to mediation. Success is unlikely unless:
– All parties’ are ready and willing to participate
– All (or no) parties have legal representation. Mediation includes no right to legal counsel.
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