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Mediation, Confidentiality & ADR Methods

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Hi OTA,
Please assistance with me questions below. Could you please provide 250 words count for question 1 and 2.

Thank you,

Discussion Question # 1 (wk4)
Why is confidentiality an important element in mediation? What are some of the ways that confidentiality is protected in mediation?

Discussion Question #2 (wk2)
What are the pros and cons of mediation versus negotiation and litigation?

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Solution Summary

The solution is a 556-word essay that is is concise but comprehensive, discussing the importance of confidentiality in mediation as well as the pros & cons between mediation, litigation and negotiation as alternative dispute resolution methods. References are provided. The essay follows the APA-format. A word version is attached for easy printing.

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Dear Student,
The solution below is concise but comprehensive enough to provide you with what you need for the purpose of answering the questions included in your post. Good luck!

Sincerely,
OTA 105878/Xenia Jones
------------------------------------------------

Confidentiality and Mediation

Mediation is an intense process. It can get very personal in cases where conflict between individuals in families is mediated. Items, interests and concerns discussed must be protected in the course of the communication and mediation process. This is so that it encourages trust. All parties going into mediation must be able to trust the process at the very least even if they don't trust each other. Confidentiality allows for this to work, giving the parties confidence in the protection of their individual interests allowing them to communicate fully & openly (Burnley & Lascelles, 2004). Legally, lawyers and their clients are bound by confidentiality laws. This is the same with mediation - statements made in the course of conciliation is protected with ...

Solution provided by:
Xenia Rochelle Jones, MA, PhD (IP)
Education
  • MPhil/PhD (IP), Open University, Milton Keynes, UK
  • MA, Open University, Milton Keynes, UK
  • Certificate, Geva Ulpan (via Universita Tel Aviv)
  • BA, University of the Philippines
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