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Don't Go To Court ! Try Mediation First ?

Posted by TonyCantlay Nov 7th, 2010 at 11:12PM

In life, there is Mediation to solve disputes, meditation for calmness, and for completeness medication.

Mediation options locally, will depend on your local mediation service. Check online ?

Mediation uses a trained, neutral individual to assist parties in dispute reach an agreed solution to their problems. It is based on calming things down ; listening carefully ; and exploring respective "Positions" and "Interests" - what they think they want, and what they really need.

It is a fine, cheap, user-friendly, kind, and effective process. Not only does it normally exclude lawyers, and their expensive adversarial approach - particularly disastrous in Family disputes - but unlike a public Court it is also confidential.

Instead of the bossy lawyers and judges in the legal system telling you "the answer", at vast cost ; Mediation aims to empower the parties to sort out what is, after all, entirely their own problem.

Mediation is becoming more widespread, and works in many many different areas. It is so good, that in many jurisdictions it is a legal requirement to try it before litigation in Court. Particularly effective at resolving those acrimonious disputes between neighbours.

And international disputes. U.S. Senator George Mitchell, currently attempting to use it in the Middle East, solved the U.K.s Northern Ireland problem using mediation some years ago. For decades we had terrorist bombings, military intervention, and no hope of peace. Unlikely as it seemed years ago, normal politics has now taken over. Virtual end of terrorism.

One snag is that a lot of people actually enjoy a fight, the "I'll see you in Court" syndrome. Lawyers naturally react against Mediation, but they would, wouldn't they ?

If this has struck a chord, Message me ?

T.C.  (U.K.-trained Barrister, and mediator).
TonyCantlay TonyCantlay 56-60, M Nov 8, 2010

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