THE PRINCIPAL

CHARACTERISTIC OF
MEDICATION

LENDYL A MAGARSO
JAM ALBARAN
1.MEDIATION IS A NON-BINDING PROCEDURE CONTROLLED BY THE PARTIES

 Personal injury law (also known as [tort] law) let’s injured person get compensation
when someone else’s wrongful conduct (negligence or intentional act) causes harm. There
a variety of a situations that can give rise to a valid personal injury claim, but remember
that an injury doesn’t automatically result in legal liability. Let’s look at some of the most
common kinds of personal injury cases.
 A party to mediation cannot be forced to accept an outcome that it does not like.
Unlike an arbitrator or a judge, the mediator is not a decision-maker. The mediator’s role is,
rather, to assist the party in reaching a settlement of the dispute.
 Indeed, even when the parties have agreed to submit a dispute to mediation, they are
free to abandon the process at anytime after the first meeting if they find that its
continuation does not meet their interest.
 However, parties usually participate actively in mediations once they begin.
 If they decide to proceed with the mediation, the parties decide on how it should be
conducted with the mediator.
2. MEDIATION IS A CONFIDENTIAL PROCEDURE
 In mediation, the parties cannot be compelled to
disclose information that they prefer to keep confidential. If in
order to promote resolution of the dispute, a party chooses to
disclose confidential information or make admissions that
information cannot, be provided to anyone – including the
subsequent court litigation or arbitration – outside the context of
the mediation.

 The existence and outcome of the mediation are

also confidential. Mediation’s confidentially allows the parties to
negotiate more freely and productively, without fear of publicity.
 3.MEDIATION IS AN INTEREST-BASED PROCEDURE
 In court litigation or arbitration, the outcome of a case is determined by the facts of the
dispute and the applicable law. In mediation, the parties can be also guided by their business
interests. As such, the parties are free to choose an outcome that is oriented as much to the
future of their business relationship as their past conduct.
 When the parties refers to their interest and engage in dialogue, mediation often results
in a settlement that creates more value than would have been created if the underlying dispute
had not occurred.
 Because of mediation is non-binding and confidential, it involves minimal risk for the
parties and generates significant benefits. Indeed, one could say that, even when a settlement is
not achieved, mediation never fails, as it causes the parties to define the facts and issues of the
dispute thus, in any event preparing the ground for subsequent arbitration or court proceedings.
 Mediation is the settlement of a dispute between parties by the action of an
intermediary, or neutral party. Participation in mediation is typically voluntary.
The mediator does not render a decision at the end of mediation; instead,
mediation leaves the control of the outcome. (i.e., the actual settlement of the
dispute) to the parties.
 A mediator neither renders a formal opinion as to which party is to correct
or to blame, nor gives the chances for success if the dispute is litigated. The
mediator acts as a neutral party and facilities bringing the parties with different
interests together by defining issues ang limitating the roadblocks to
communication.
4. MEDIATION ALLOWS FOR GREATER CONTROL
 Recalls the mediation allows the to retain control over the dispute. They are
free to refuse the negotiate, and they are not required to find a resolution to the
dispute.
 The voluntary nature of negotiation in the mediation process allows the
parties to decide to pursue litigation or some other form of ADR. The level of
control retained by the parties can also be seen as a disadvantage.
 Neither can be certain that the mediation will result in a settlement. This
lack of certainly can frustrate the parties with the process.
5. MEDIATION IS LESS EXPENSIVE THAN LITIGATION
 There is significant cost savings associated with mediation. While the
parties generally share the responsibility of paying the mediator, it avoids court
fees, some legal fees and other expenses associated with going to trial.
 Further, the cost of mediation is generally lower than the cost of other ADR
approaches, such as arbitration. The cost of disadvantages of mediation is that it
can still be expensive and not result in a resolution.
 A simple negotiation between the parties can resolve a dispute for free;
employing counsel to represent the parties at mediation and employing the
mediator can cost significant money. Generally, the mediator takes a small
percentage of the total settlement amount between the parties.
6. MEDIATION OFFERS GREATER PRIVACY
 As with other types of ADR, mediation is a private process. The parties do not have to
disclose the dispute or any of the facts of the situation to the rest of the world.
 Litigation, on the other hand, is generally a public affair. Unless the court orders
otherwise, anyone can attend a public trial and can access the court records. This includes
access to all allegations, testimony and the evidence presented in the case.
 The disadvantages of privacy generally concerns for expectation of the aggrieved party.
In many cases, the injured party seeks compensation for the harm or loss to make certain that
the alleged wrong is not repeated.
 Negotiating a settlement of the dispute outside of the public’s knowledge does less to
prevent a party from repeating the allegedly illegal conduct. This is particularly true when that
party’s conduct is intentional.
7. MEDIATION CAN HELP PRESERVE RELATIONSHIP
 Dispute between parties can destroy their on-going relationship, Being able to work out a
mutually agreeable settlement of the dispute can serve to preserve the relationship.
 This is important for businesses that depend upon each other future business partners
(such as in supplier purchaser relationships). Litigation generally destroys the business
relationship, as the process is highly competitive and confrontational.
 The negative aspect of mediation is that relationships can still be strained without any
resolution to guide the relationship going forward. A judicial determination that one party’s
conduct is not legal establishes precedent to guide the future conduct of a business. A negotiated
settlement does not always achieve this same effect.
 Mediation can be carried out relatively quickly compared to litigation, taking on average between 1 to 2
days; If both parties agree to mediation this clearly demonstrates a willingness to achieve a negotiated solution;
The appointed mediator will be independent, they will not advise or provide judgment; The mediator is there to
facilitate and guide the discussion between the parties, with the primary objective of resolving the dispute; It is the
parties involved in the mediation process that arrive at a final solution and not the mediator;
 It is a flexible process that provides parties access to a wide range of outcomes that are not available in
litigation. For example, courts will usually order one party to pay money to the other party, whereas in mediation
the parties come to their own agreement and other things can be taken into account;
 If the solution cannot be achieved then other options are still available; the process will attempt to
preserve the relationship between the parties; Mediation can allow each party to hear the opposing view in a non-
confrontational environment.
 Both parties must sign an agreement of the final recommendation in order for it to be binding; the parties
via the mediation in order to assist a commercial settlement;
 It is confidential process and anything discussed at mediation is
considered without prejudice’ and therefore cannot be used as evidence
in any subsequent tribunal. “Mediation is now the most commonly used
ADR method in the construction industry although more expensive than
a simple negotiation, it allows the parties to retain control, and be
intrinsically involved, in the resolution process.”