What is mediation in commercial disputes?
Mediation is an inherently flexible process. All that it requires is the agreement of the parties to the mediation process, a suite of rooms, a mediator, and the attendance of the parties at the mediation itself.
A construction contract may include a mediation clause however, even if it doesn’t, the parties can still mediate. *A mediator is selected, following which an agreement is entered into by the parties. Thereafter the mediation will take place, the format of which is flexible and can be determined by the parties.* The mediator will ultimately try to assist the parties in reaching a settlement. If an agreement is reached, this will usually be incorporated in a binding contract. It may be that no agreement is reached in which case the parties will have to consider their other options.
*A mediator is selected and an agreement is entered into by the parties. Following this, the mediation will take place. The format of this is flexible and can be determined by the parties involved.*
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