Aug 21, 2017

What is mediation?


Mediation is a voluntary, non-binding and private dispute resolution process in which a trained neutral person helps the parties to reach a negotiated settlement.
It has also been defined as an opportunity to resolve a dispute without resorting to formal procedure.

A Mediation Advocate is a lawyer and other professional advocate who represents clients at mediation.
In most cases, mediation cannot take place unless the parties agree to enter the process, although this may only be after a strong judicial recommendation, with an associated risk of cost sanctions against a party who refuses to mediate and indeed where the process is justiciable before the Lagos Multi-Door Courthouse or other MDC, a fine for parties who do not attend the hearing before the ADR judge to determine the appropriate route.
Mediation is not possible without the participation of all parties, and will cease if one party walks out, which they are free to do at any time.
Although refusing to mediate can have adverse cost consequences, the mediation process is both “without prejudice” and absolutely confidential to the extent the law permits.
FEATURES OF MEDIATION
a.     It is a flexible process.
b.    It is conducted confidentially.
c.      The Mediator is a neutral person.
d.    The Mediator actively assists parties in working towards a negotiated agreement.
e.     The parties are in ultimate control of the decision to settle and the terms of settlement.
f.       It is a voluntary process.
Footnotes:* Standing Conference Of Mediation Advocates (SCMA) *The Lagos Multi- Door Courthouse Law (LMDC) 2007* The LMDC Practice Direction on Mediation Procedure* The Multi Door Courthouse Code of Ethics for Mediators* Guidelines For Enforcement Procedure *Guidelines for Court referrals to Alternative Dispute Resolution *Principles of Alternative Dispute Resolution by Stephen J.Ware *Effective Mediation Advocacy by Andrew Goodman.*

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