Connect with us


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

Travel1 month ago

Best Places To Visit In The North Of England

If you live in England, you will know there are many different places to visit for the weekend. There are...

General1 month ago

Green Home Improvement Ideas

In a world where environmental concerns are growing, the concept of “green” has gone beyond a trendy catchphrase and is...

Lifestyle2 months ago

How to Host an Unforgettable House-Warming!

The time has finally come. You have moved into your dream pad, and are officially adulting in your very own...

Autos2 months ago

A Guide to Parking Lot Striping

The journey to a well-striped parking lot begins with the right paint. In this brief guide, we’ll unravel the mystery...

Business4 months ago

Business Tips For Protecting Your Finances During A Recession

In 2023, taking the necessary steps to protect your finances for your business is now more important than ever. The...

Lifestyle5 months ago

Tips For Cleaning Your Trainers

If you’re into your trainers and streetwear, you’re likely to be very conscious of keeping them looking their best! So,...

Marketing5 months ago

Branding Trends For Start-Ups in 2023

Branding is incredibly important as it impacts how your business reaches and connects with its target market. If you’re branding...

Business6 months ago

Avoiding the Wrong Kind of Growth

Growth is vital for any business – some models, like tech start-ups, are built around periods of dramatic, explosive growth...

Business6 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...

Tech8 months ago

What Is The Difference Between Cyber Attacks and Cyber Threats?

If you own a business that uses the cloud to manage workloads, you have probably heard of the terms cyberattack...

Marketing8 months ago

3 Types of Marketing Every Small Construction Business Should Do

Construction is a very saturated sector, whether you’re a large or small construction company, so marketing should be at the...

Business9 months ago

How Relevant Life Insurance Plans Can Future-Proof Your Business

Last year, UK inflation reached the highest level that it had been for decades. The markets became unsteady and nervous...

Autos9 months ago

In a Car Accident? Here’s How to Find a Great Lawyer

If you’ve recently been in a car accident, you know that it can be an overwhelming experience. Not only do...

Education9 months ago

Considering Therapy? Here’s a Few Common Therapy Techniques Explained

If you’re considering therapy as a means to improve your mental health, you may be curious about the type of...

home repairs home repairs
Home Improvement9 months ago

Top 5 Home Repairs You Should Never DIY

DIY home repairs are all the rage these days. But before you jump on the bandwagon, there are some things...