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UK (Scotland)

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Home > Country profiles > UK (Scotland) > Articles > Article detail

Enforced mediation may lead to further difficulties

Wednesday, 10th October 2019

"Unhelpful and expensive mandatory process will not attract complex commercial cases to the Scottish courts, says Malcolm Gunnyeon

As litigants increasingly look for quicker and more cost-effective alternatives to the courts, mediation has become well known as a means of resolving disputes.

Compared to the courts, where the outcome rests entirely with the judge, mediation gives the parties control over the terms of the agreement they want to reach, and the flexibility and complete confidentiality of the process means that far wider interests, issues and solutions can be explored.

However, the growing appreciation of the benefits of mediation has not translated into a significant uptake in its use, particularly in complex commercial disputes."

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Language: English
Contact: Malcolm Gunnyeon

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