Chapter 14: Dispute resolution processes
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Several processes are available for the resolution of legal disputes ranging from simple dialogue to litigation. Some of these are often bundled together under the banner of Alternative Dispute Resolution (ADR) processes, but that term has outlived its usefulness. When the term was first coined, litigation was still regarded as the primary process for resolving legal disputes, whereas most disputes nowadays are resolved not through litigation but through negotiation. Mediation has in the meanwhile also crept out of litigation's shadow and has become an accepted dispute resolution process in its own right, and dispute prevention - as opposed to resolution - has also become increasingly relevant for business. Given the growing use of mediation globally, this chapter focuses primarily on mediation: how it works, its benefits, the different kinds of 'styles' and interventions mediators may use, and how lawyers can guide their clients to choose an intervention approach that best suits the needs of the client and the context of the dispute in question. In other words, how to 'fit the process to the problem'. Attention is also paid to different mediation 'styles', why mediation sometimes faces resistance from lawyers and clients, and the use of mediation to assist in deal making (transactional mediation).

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