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Should Mediation Be Considered as an Alternative Means of Resolving Legal Disputes?

Yes. Due to the ever-increasing costs and delays inherent in litigation, mediation has become increasingly popular as a means of dispute resolution. The mediation process is voluntary, and involves an in-person conference among the parties to a dispute, their attorneys, and an independent third-party mediator. The mediator guides the parties through a discussion of their respective positions, and works to develop a blueprint for the amicable resolution of the dispute. If successful, the mediation concludes with the parties agreeing to the terms of a settlement, thereby affording them an economical resolution that provides both certainty in the outcome and relatively prompt closure. When mediation does not lead to a final resolution of the dispute, the parties are in no worse a legal position, and can turn to traditional litigation to resolve their dispute.

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