Civil Settlement Techniques

Description

Civil Settlement Techniques

Mediation is a conflict resolution process that differs from settlement conferences and arbitration by allowing parties to retain more control over the outcome and focusing on mutual understanding. It is based on the principles of distributive bargaining, where parties make concessions within a fixed framework, and integrative bargaining, which encourages collaboration for long-term, mutually beneficial agreements. Mediation aims to improve efficiency, preserve relationships, and reduce litigation costs. Key techniques in mediation include using neutral strategies, respecting confidentiality, and addressing timing. It also involves specific settlement forms like lump-sum payments, structured settlements, and special needs trusts, with careful attention to factors like solvency and claimant needs.