Mediation: An Equitable Remedy By Mrs. Robina Shonubi


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MEDIATION is currently referred to as an Alternative Dispute Resolution (ADR). My books shows that Mediation is in my experience the Remedy or solution that brings Justice to the disputing parties. It is a modern choice or a referral by the judge that delivers the Remedy. I pray that the jurisprudence that evolved to list the well known Equitable Remedies such as injunctions, specific performance and rectification, will eventually include Mediation. The procedure to file for mediation in court and the fact that mediation is hinged on most equitable maxims is just the tip of the iceberg. The result of a successful mediation is called a consent judgement that the parties mediator and the judge all sign. The main difference between mediation and litigation is that the parties speak more than their lawyers during the process. Mediation in the courts offers the same procedure for an appeal. See example of an appeal inside (Page 18-29)  

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