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A Guide to Mediating in Scotland$
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Ewan Malcolm and Fiona O'Donnell

Print publication date: 2009

Print ISBN-13: 9781845860523

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845860523.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 28 May 2020

Commercial Mediation

Commercial Mediation

Chapter:
(p.25) Chapter 4 Commercial Mediation
Source:
A Guide to Mediating in Scotland
Author(s):

David Semple

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781845860523.003.0004

This chapter provides an overview of commercial mediation in Scotland. It first considers how commercial mediation differs from other types of mediation and presents a case study of commercial mediation. It then looks at the circumstances where mediation can assist in dispute resolution before discussing possible advantages of commercial mediation, the expenses involved in organising a commercial mediation and providing a choice of suitable mediators, and setting up a mediation. It also discusses the privacy and confidentiality of the mediation process; the importance of balancing legal rights, costs and interests in mediation and litigation; who will attend the mediation meeting; drawing up or approving the settlement agreement; kinds of disputes that are appropriate for commercial mediation; possible downsides of mediation; and options for setting up commercial mediation.

Keywords:   commercial mediation, Scotland, dispute resolution, mediation expenses, mediators, mediation privacy, mediation confidentiality, legal rights, litigation, settlement agreement

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