We have written about extrajudicial mediation in an article located in the collection “Dispute and Dispute Resolution”.
Out-of-court mediation has a number of advantages that, for example, judicial mediation does not have.
We have listed some of these below.
- Out-of-court mediation can be initiated at any time, and the best effect is if such an initiative is taken early in a conflict.
- Unlike judicial mediation, there is no presumption of legal remedy before mediation can be initiated.
- In the case of legal proceedings, a lot of work is normally required in the preparation of the subpoena and the equivalent. Then the conflict will normally have affected the cooperation for a long time and it is resource-intensive to go to court.
- In the preparation of the subpoena and the like, the fronts between the parties are sharpened, with the consequence that the negotiating climate deteriorates.
- The parties themselves choose who will mediate and whether there will be two mediators.
- The parties then have full control of the process - in cooperation with the mediator (s).
If you want to know more, just send us an email “firmapost@byggogprosjektjus.no” then we'll get in touch for a closer conversation.
