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.
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