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Shanghai Mediation

Mediation is a popular form of alternative dispute resolution. If you are considering using mediation to resolve your legal matter, look here for free and reliable advice regarding the mediation process, how to choose a mediator, what happens when a court orders you to use a mediator, and more.

When two parties are involved in a legal dispute, there may be times when a more amicable—and less expensive—alternative to litigation is possible. The area of law known as alternative dispute resolution (ADR) helps parties settle differences and come to agreements without having to bring the issue to court. Mediation can be either court-ordered or the parties involved can reach a mutual decision to use mediation. A mediator simply assists the disputing parties in working out a resolution through open communication; and at any point during mediation either party can stop the process. Unlike other forms of ADR, a mediator does not issue a binding decision. Instead, the mediator merely acts as a facilitator to help the parties reach a resolution on their own. To learn more about the mediation process and when it might be a good option for your dispute, refer to the articles and the frequently asked questions using the links on this page. 

It is possible for a Shanghai lawyer representing a disputant to serve as a mediator, but it is not recommended. A lawyer has an ethical obligation to represent his client vigorously. He or she cannot represent both disputants. If one of the lawyers tries to mediate, even with the consent of both parties, it's not likely that the other side will be entirely unbiased.

If the mediation does not result in settlement, there may be a lawsuit or the continuation of a lawsuit. In that case, the lawyer also acting as the mediator cannot simply forget everything that was said during the mediation, and thus, one side would be disadvantaged. Even where matters are amicably "settled," one side or the other often feels that there was a disadvantage because a lawyer for one party served as mediator.

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