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New Mediation Rules from Europe

Wed, 03 October 2012

'The Regulations allow a judge to refer the dispute to mediation. The judge can do this of his/her own motion or can do it following an application by one of the parties to the dispute. The judge cannot compel the parties to mediate the dispute but he/she can give directions regarding the conduct of the mediation where the parties do elect to mediate the dispute.'

Mathew reinforces the appointment of professional mediators such as land surveyors in boundary disputes stating,

"Mediation is now a very real option for parties to a wide variety of civil and commercial disputes even where one or other of the parties has taken steps to litigate the dispute through the courts. Mediation is usually a cheaper, and more efficient, method of dispute resolution. It can avoid the acrimony and delay associated with Court disputes. It can also facilitate the resolution of a dispute by a mediator skilled in the particular field as opposed to a judge who is a lawyer by trade."

To read the full article go to Hayes Solicitors New Mediation Rules from Europe

Dispute Mediation

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