Over the past decades, mediation has been studied as the alternative method to resolve the dispute early on, avoiding the considerable costs and delays of arbitration. A mediated settlement agreement is more likely to be implemented than an award because the agreement is a product of both parties’ wills, rather than an imposed decision. Furthermore, mediation allows the parties to control the results, rather than placing the resolution of the conflict in the hands of non-parties who can never fully understand the dynamics of the relationship and the dispute as well as the parties do.
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