Connect with us

Law

What are the differences between mediation and court proceedings – Part two

Court proceedings are public proceedings, meaning open to the public and anyone can attend the court hearings (of course except in procedures that are expressly provided by law, the public is excluded) while mediation is non-public proceeding where only the opposing parties participate and the mediator, i.e. third parties only if the parties give their consent for their presence. Mediation is still a great opportunity to address the contentious relationship away from the public eye and only with the active participation of the parties in dispute. Due to the nature of the confidentiality of this kind of procedure, the implementation of mediation has no special written transcripts as in court proceedings and each party shall keep confidential all the facts which are negotiated in the mediation procedure. Visit us in case you want to learn more about mediation and court proceedings or if you are experiencing a problem of that kind.

In court proceedings, to determine the true facts and material truth the judge will require real evidence which is a written and oral evidence which the parties shall be obliged to give to the preliminary hearing. In the absence of evidence to support certain allegations and views, the parties risk to lose the dispute. Thus, the volume of evidentiary tool plays a key role in the court decision.

In the process of mediation the parties have no need to perform any evidence to substantiate its claim or a paragraph because mediation is based on the interests of the parties in the negotiations they are conducting. This does not exclude however if either party considers that there is interest to submit evidence that would help towards the adoption of an agreement to resolve the dispute and implement it in the complaints.

The court proceedings are always focusing on the points around which the parties disagree which is important in making the right decision, while in mediation again the focus is on the points on which the parties disagree in order to come to mutual agreement as a solution to the dispute.

In court proceedings, there are legal rules and regulations applicable when it comes to determining the rights, unlike mediation that stresses the determination of the interests of the parties for claims which they freely dispose of.

In the mediation procedure, when it successfully finishes by reaching an agreement there is an established win – win situation between the parties which is so much better because their intentions are good and honest and they have an attitude to maintain and continue cooperating in the future. Both sides are negotiating from a position above their personal interests in order to come to the point that leads to a settlement where both parties are satisfied. This is extremely important especially in the business sector in order to maintain good business relations in the future. But at the end the decision is up to the parties.

Recent Posts

Business3 days ago

The Invisible Hands: Unveiling How Food Distributors Influence the Quality of Our Foods

Ever found yourself wondering why the tomatoes in your salad taste particularly fresh or why your preferred brand of coffee...

Marketing3 days ago

Webflow CMS: A Comprehensive Guide

Webflow is a powerful tool that allows you to create and manage dynamic websites without needing to code. It’s a...

Business3 days ago

The Three Most Important Benefits You Should Offer To Your Employees

Offering your employees a range of benefits on top of regular salary increases will really help to show that you...

Business3 weeks ago

Business Tips For Protecting Your Finances During A Recession

In 2024, taking the necessary steps to protect your finances for your business is now more important than ever. The...

Green & Energy1 month ago

Air Conditioning Installation: What You Need to Know

When it comes to getting an air conditioning unit installed, can significantly improve your comfort and home environment, especially during...

Marketing1 month ago

Marketing Tips For A Gym Wear Brand

When starting a gym wear brand, there are a few things you need to do and one of them is...

General2 months ago

Social Media Marketing: What Are All The Types?

Social media marketing is a tool that is a must-have in today’s digital age. it’s very rare that businesses can...

Business2 months ago

How To Become A Property Developer

There are several reasons why an individual will want to become a property developer. One of the main reasons for...

Business2 months ago

Remote Delivery Innovations: Case Studies from Leading E-commerce Brands

People have gone through much change in the past few years when it comes to online shopping. Nowadays, when delivery...

Business3 months ago

Why are Brits turning to online-only banks?

For years, large, conventional banks held all the aces when it comes to citizens’ finances in the UK. HSBC, Lloyds...

5 Important Web Design Considerations to Make For Better SEO 5 Important Web Design Considerations to Make For Better SEO
Tech3 months ago

5 Important Web Design Considerations to Make For Better SEO

Ever since the birth of search engines, practices in optimising websites for better search rankings have changed considerably. Where it...

SEO4 months ago

The Importance of Local SEO for Small Businesses

There are many different types of businesses and all of them will require online marketing however, with a small business,...

General4 months ago

Understanding The Unsung Heroes: Cool Rooms And The Importance Of Regular Repairs

Everybody loves a breath of fresh air when entering a superstore! But have you ever wondered who’s working backstage to...

Home Improvement7 months ago

How To Add More Value To Your Home

If you have some spare cash in the bank, it is likely you would like to spend it on your...

Lifestyle7 months ago

What is a Deep Plane Facelift

Cosmetic surgery is a choice that needs a lot of research and when it comes to thinking about a facelift...

Categories

Archives

Trending