Mediation: The Alternative Way to Resolve Disputes

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Wherever the parties are represented professionally or handle dispute themselves - for example as they are insurers - the mediation is a very effective tool to bring about a resolution quickly, efficiently and cheaply.

Often a mediation will produce a result that the parties could not have achieved through the courts. There needs to be an incentive to the parties to mediate, but when it happens, very often the outcome is very successful.  Many states in the USA force the parties to mediate - a system with which I am familiar and it seems to work well.

The EU has implemented the Mediation Directive; Italy has recently changed its system to force the parties into mediation; the UK has adopted the directive where the parties mediate further to a dispute that starts on or after 20 May 2011 - changes that I am watching avidly.

Daniel Scognamiglio 
Partner - Travel Team 

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