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Worldwide Use of Mediation

Top News / January 18, 2019

Introduction

Mediation is being used throughout the world because the existing litigation system and arbitration system are declining. Nowadays, the court procedure is complex and stereotypical. The process of trial and judgment is too lengthy. Submission of evidence takes too long a time and needs too much money. Lawyers’ debate is excessively abused. Justice is difficult to access. Litigation becomes costly. Backlog of court cases is heavy in most of the countries in the world. ‘Explosion of Litigation’ may take place at any moment. To a certain extent, the operation of the courts is running against ‘Natural Justice’ and ‘Due Process’. Arbitration is following what the courts are wrongly doing. The arbitration process has reduced to as complex as litigation. The time-span of arbitration is getting longer and longer than litigation and the cost of doing arbitration is much more expensive than litigation. Some years ago, a man indignantly paraded up and down everyday outside the British Royal Court in London, carrying two boards on his shoulders, back and front, said: 2 ‘ARBITRATE, DON’T LITIGATE!’

Read more at:-http://www.cityu.edu.hk/slw/ADR_Moot/doc/Worldwide_Use_of_Mediation_(by_Prof_Tang_Houzhi).pdf











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