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Legal

Issue No. 59 - June/July 2011

Mediation sets new dispute solving path

A new mediation service that will help people to significantly reduce the cost and delays involved in resolving legal disputes is being introduced by Wallmans Lawyers.

Mediation is a process where a neutral third party, the mediator, attempts to assist parties in conflict to negotiate a mutually acceptable agreement. “It’s new for a legal firm to launch a separate mediation practice in this way,” says Wallmans Partner, Stephen Dickinson, a nationally accredited mediator who will lead the new division.

“Historically the willingness to use mediation throughout the legal profession has been limited – whether due to a lack of appreciation for the process, a lack of quality mediators or that certain clients expect matters to be run in an adversarial manner,” Stephen says. “Further to this, resolving disputes by way of mediation is potentially less profitable for firms.”

However, mediation has significant and well documented benefits that have increased its popularity in recent years.

Mediation can be used in both litigious and nonlitigious disputes - contract disputes, disputes with suppliers, landlord and tenant disputes, franchise and workplace disputes and family business or estate disputes. Mediation is especially effective where the parties need to preserve an ongoing relationship.

“In my experience, litigious disputes can become uncommercial for all involved very quickly,” Stephen says. “That being so, we are now starting to see judges and senior members of the pro...


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