When is Mediation The Right Dispute Resolution Process
Lizabeta Spiroska, Ivan Bimbilovski
Abstract
Lizabeta Spiroska, Ivan Bimbilovski
Abstract
Mediation is one of the most commonly used alternative dispute resolution methods. As a creative approach it could be analyzed through different aspects. The purpose of this Paper is to analyze the mediation through disputes suitable for mediation for answering the question when is mediation the right dispute resolution process. In the right circumstances, mediation is low cost, short lasting and effective in the same time. And, in principle, the dispute parties should be entitled to settle any dispute by achieving a mutual agreement. This paper is composed of Introduction, three parts and Conclusion. The Paper begins by presenting the general information about the disputes suitable for mediation. The first part analyzes the legal and practice decisions about the disputes suitable for mediation in the countries with civil law legal system. In the second part, legal and practice decisions about the disputes suitable for mediation in the countries with common law system, are analyzed. Third part is about the disputes with the foreign element and their suitability for mediating. The conclusion includes assessments of the analyzed questions and recommendations for the further treatment of the disputes suitable for mediating.
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Mediation is one of the most commonly used alternative dispute resolution methods. As a creative approach it could be analyzed through different aspects. The purpose of this Paper is to analyze the mediation through disputes suitable for mediation for answering the question when is mediation the right dispute resolution process. In the right circumstances, mediation is low cost, short lasting and effective in the same time. And, in principle, the dispute parties should be entitled to settle any dispute by achieving a mutual agreement. This paper is composed of Introduction, three parts and Conclusion. The Paper begins by presenting the general information about the disputes suitable for mediation. The first part analyzes the legal and practice decisions about the disputes suitable for mediation in the countries with civil law legal system. In the second part, legal and practice decisions about the disputes suitable for mediation in the countries with common law system, are analyzed. Third part is about the disputes with the foreign element and their suitability for mediating. The conclusion includes assessments of the analyzed questions and recommendations for the further treatment of the disputes suitable for mediating.
Key concepts: Mediation, Lawyer supported mediation, Alternative dispute resolution, Dispute resolution, Dispute mechanism, Online dispute resolution, Political science, Process (computing)