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

Business4 days ago

Why Is Quantity Surveying Essential in Construction Industry

Quantity surveying is an essential part of the Australian construction industry. It is the process of calculating and estimating the...

Home Improvement6 days ago

How to Maintain Upholstered Furniture

No matter if you have pets or kids, maintaining your upholstered furniture is quite a challenge. Even though vacuuming it...

Business2 weeks ago

How Do I Find a Good Developer?

Finding a good bubble developer to help build your app or digital product can seem challenging. How can you choose...

Home Improvement2 weeks ago

When is a right time for home repairs?

Summer is a popular time for a renovation around the globe. While it is true that bright days and warm...

Top Alteryx Competitors Top Alteryx Competitors
Tech4 weeks ago

Top 15 Alteryx Competitors

The world has seen a tremendous rise in startups and new incorporations in the business world. Companies have great potential...

Lifestyle1 month ago

Latest Wedding Trends for 2023

If you’re planning on getting married this year, chances are you’re probably overwhelmed and confused when it comes to wedding...

Lifestyle1 month ago

Tips To Make The Most Of Your City Break In London!

London is one of the best cities in the world, known for its quintessentially British culture, great nightlife, fantastic museums...

General1 month ago

The Ultimate Guide To Packing For A Trip To London

London is one of the best cities in the world, known for it’s rich history, quintessentially British culture, the best...

Tech2 months ago

Top 15 Web Development IDEs

The web development field has seen sustainable growth throughout the years. As technology is advancing, so is the web development...

devops devops
Tech2 months ago

12 Key DevOps Programming Languages to Still Popular in 2022

“DevOps is not a goal, but a never-ending process of continual improvement.” – Jez Humble Delivering the finest of services...

Entertainment2 months ago

Festival Fashion Style Tips For 2022

Summer is well and truly here and with that comes the festival season! From the biggest stars performing on stage...

Green & Energy3 months ago

4 Tips For Making Your Wardrobe More Sustainable

Everyone is trying to make more of an effort to make their wardrobe more sustainable, but often are unsure where...

General3 months ago

7 tips on how to organize a budget-friendly move

If you are planning a move any time soon, you might be worried about all the expenses that wait for...

Metal Roof Colors Metal Roof Colors
Home Improvement3 months ago

Metal Roof Colors: How to Select the Best Color for a New Roof

Choosing the right type of material for your roof is enough of a hassle already that the question of choosing...

Health3 months ago

Simple Ways To Feel More Confident At The Gym

If you are new to the gym, or you haven’t been in a while, sometimes you might not feel completely...