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Mandatory Mediation in Common and Civil Law Countries - Essay Example

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The present paper "Mandatory Mediation in Common and Civil Law Countries" is purposed to explain that although mandatory mediation may differ across countries, it is always charted in national and international statutes or laws and applicable in court…
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Mandatory Mediation in Common and Civil Law Countries
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Download file to see previous pages Common law system countries use mandatory mediation more prevalently than civil law countries who proceed with considerable caution. The process of litigation is a complex process, which is usually avoided by many people. The civil justice system in the UK is already exhausted of cases, which have not been resolved because of various legal justifications. This negatively impacts on the involved parties because of the increase in the cost of the various court cases as time elapses. Mediation can reform the civil justice system of the UK because it ensures there is efficiency in the dispensation of justice. Consequently, savings are made and time management is upheld.In this respect, the aggrieved parties are satisfied with the mediation dispute resolutions. The mutual satisfaction of the concerned parties is never achieved in a trial setting. The introduction of mandatory mediation in civil cases aims at reducing the backlog of unresolved cases in courts of law. Mandatory mediation is a demonized element in many legal jurisdictions, although it does not affect the delivery of justice to the parties in the civil cases. Darbas (2010) asserts that the cost of mandatory intervention justifies the use of this method in the resolution of many cases. It is a better method compared to the trial because in the trial of a case, the judges can give a subjective ruling, which must be accepted. In mandatory mediation cases are resolved in an amicable manner without favor. ...Download file to see next pagesRead More
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