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A Practical Approach to Alternative Dispute Resolution

A Practical Approach to Alternative Dispute Resolution (5th edn)

Susan Blake, Julie Browne, and Stuart Sime
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date: 24 May 2024

p. 22414. Mediation: General Principleslocked

p. 22414. Mediation: General Principleslocked

  • Susan Blake, Susan BlakeProfessor, Barrister and Associate Dean of Education, The City Law School, City, University of Londona
  • Julie BrowneJulie BrowneAssociate Professor, Barrister and Deputy Course Director of the BPTC, The City Law School, City, University of London
  •  and Stuart SimeStuart SimeProfessor, Barrister and Course Director of the BPTC, The City Law School, City, University of London

Abstract

This chapter studies the general principles of mediation, which is a form of neutrally assisted negotiation. The negotiations take place with the help of a neutral third party, within a structured process, in a formal setting, during a defined period of time, all of which help to create an impetus for settlement. The mediator then works to facilitate a settlement between the parties. There is no determination of liability in mediation, and any settlement that is reached is not necessarily based on the underlying legal rights or obligations of the parties. Instead, the parties, with the assistance of the mediator, can reach a solution which is tailored to their real needs and interests. The chapter identifies three styles of mediation: facilitative mediation, evaluative mediation, and transformative mediation. Ultimately, the European Code of Conduct for Mediators, which has been adopted by the Civil Mediation Council (CMC), provides a useful benchmark for determining the minimum rules of professional conduct that should be expected from a mediator.

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