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Mediation is a confidential process by which “the participants, together with the assistance of a neutral person or persons, systematically isolate disputed issues in order to develop options, consider alternatives and reach a consensual settlement that will accommodate their needs.” The global trend away from litigation in the first instance, toward Alternative Dispute Resolution (ADR) methods, particularly mediation, is testament to ADR’s ability to produce mutually acceptable outcomes in a shorter amount of time and for less money, than through the adversarial system. As pointed out by Robert McClelland MP, Attorney-General for Australia in a speech to the Government Law Group Forum in February 2010, “Even if a dispute is not resolved in an ADR process, the process itself can help draw out facts, identify issues and explore new options. This means that even if litigation is ultimately commenced, its duration, cost and potential distress upon parties can be reduced”. Tierney Page Kirkland specialise in Commercial and Workplace Mediation. Our mediators have professional qualifications and accreditation.
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