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Mediation is becoming widely used as an alternative means of resolving disputes that have hitherto been decided in court or by arbitration. Mediation typically involves the appointment of a third party neutral who works with the parties to explore with them how they can consensually resolve their dispute. Hallmarks of the process are (1) confidentiality, both in relation to communications between the mediator and each party and in relation to the judge or arbitrator who will hear the case if mediation is unsuccessful, and (2) the mediator's role as a facilitator of a negotiated agreement rather than an evaluator of the likely prospects of success of the parties.
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