The Linctus of Choosing a Mediator Part1 / Part2

Mediation is now the toast of the day in America, Canada, Australia, the UK and many parts of the European Union. The developing economies of the world are now exploring this medium of dispute resolution. This development underpins the fact that dispute has through the years become an endemic part of human existence. The thrust is not how to eradicate dispute, but how to manage it.

In the west, it has mainly been done through litigation. But the fact that the number of disputes all over the world especially in the developed economies now far outstrip the facilities available to deal with these disputes; governments, NGOs, civil societies, are now calling for or using ADR to address this pressing problem.

This paper would seek to look at the definition of ADR, a brief history or its history, the acute need to decongest the courts and meet the aspirations of the public, what qualities potential disputant should look for in a mediator, the different types of mediation available and areas where mediation may not be appropriate.