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Mandatory mediation - The issue

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About the document

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documents in English
term papers
5 pages
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  1. Introduction
  2. The process and the opposition
    1. Implementing the the mandatory mediation program
    2. Garry Smith's commentary
  3. The proponents
    1. The four main benefits that serve as incentives
    2. Incentives to maintain relationships
    3. Argument in favor of mandatory mediation
    4. Advantages to mediation over the traditional adversarial model
  4. A potential pitfall
  5. Concluding analysis
  6. Bibliography

When matters of litigation are directed by the court to be done outside of the traditional court environment the parties involved are typically already in a conflict-intense claiming process. In such an atmosphere it is not surprising that each party places great weight on the outcome of the process and this cannot be disregarded. Indeed, the way in which conflict-resolution is handled has important ramifications for the continuous relationships of those involved. It is in this light that the process of mandatory mediation requires further analysis. Certainly, when a judicial body seeks to mandate a once voluntary reconciliatory tool the consequences should be closely examined. As such, this essay will serve to investigate the positive and negative attributes of the mandatory mediation initiative. In this way, it will become clear that in cases where the court orders the mediation process to take place, the will to sustain a continued relationship between the parties in dispute is not typically an option. As such the mandatory mediation process is better suited in those cases where the parties involved place less emphasis on maintaining relationships.

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