Disadvantages of Mediation
Master of the Rolls, Sir Anthony Clarke has stated that there are few disadvantages of Mediation.
- typical ADR processes such as Mediation do not result in a judgement of the Court setting out the individual litigant's rights;
- mediation, unlike the litigation process does not enable a legal decision to be made.
It is generally believed by the judiciary however, that the requirement to gain a decision should only be required in the rarest of cases and that the vast majority of disputes should be solved using Alternative Dispute Resolution processes such as mediation.
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