Area of Law: Alternative Dispute Resolution (ADR) - Arbitration and Mediation
Answer # 0527
Role of the partiesRegion: Ontario Answer # 0527
In mediation, the role of the parties themselves is to bring to the discussions an intention to bargain in good faith. Mediation is most successful if the participants have considered what will likely happen if they do not settle their dispute in the mediation. For example, if the parties know that the alternative to reaching an agreement in mediation is a lengthy trial with the final decision being made by the court, both parties may be more likely to compromise and negotiate to reach an agreement.
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