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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

(p.25) Chapter 4 Commercial Mediation
A Guide to Mediating in Scotland

David Semple

Edinburgh University Press

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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