| Commentary

93 Reaching agreement to mediate

| Commentary

3: THE MAJOR STAGES OF A MEDIATION

(a) Agreement to mediate

93 Reaching agreement to mediate

Reaching agreement with all the relevant parties to mediate is often the most difficult stage. It is generally thought that the earlier the parties resort to mediation the better, in terms of saving time and costs and the increased likelihood of reaching an agreement before the parties’ positions become entrenched. In some cases the commencement of litigation or arbitration may assist in motivating all parties to agree to mediate, in light of the cost and uncertainty of pursuing formal proceedings.

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