Mediation is not an alternative to litigation, though it has a place in the whole process.
Mediators make all sorts of claims for mediation – that it is cheaper, quicker and better than litigation. Where is the research evidence for this?
Collaborative law makes much more sense. How would mediation ensure a party intent on hiding assets was compelled to be honest?
Litigation has its faults, and that is because it involves human relationships. Maybe we need a grown-up, evidence-based debate about what is best for clients. So far all I have heard is ‘mediation is great because I’m a mediator (and I want your clients and your fees too!)’.
Michael Robinson, solicitor-advocate, Emmersons Solicitors, Tyne and Wear
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