Mandatory mediation and incentives to settle
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Abstract
mediation has long been thought of as a more ideal mode of conflict resolution than when the parties involved instigate proceedings against one another. In the adversarial model, conflict-resolution is possible; however it is based largely on a concrete and relevant appraisal of the chronological particulars and the events that took place between the different parties when determining the best course of action to take in conflict resolution. This system is no doubt worthy, but it places a strain on the relationships of the parties involved and it has a tendency to skew the different positions and viewpoints in conflicting directions, portraying them in a relatively indifferent and stagnant way. In this type of system, one in which conflict-resolution is brought to the courts in the standard adversarial, the results tend to polarize the parties involved, which can run the risk of missing the point of mediation and conflict resolution altogether.
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