1: Mediation as a method of alternative dispute resolution Flashcards
What is mediation?
Mediation uses a neutral 3rd party who facilitates discussion between the parties in order to reach a compromise.
What crimes can this method be used for?
ANY CIVIL DISPUTE, no matter the complexity or value of the case.
Who oversees the mediation of family law disputes, such as parental custody rights?
The Family Mediation Council.
What is the name of the main mediation service?
The Centre for Effective Dispute Resolution (CEDR).
What will try to be established by the mediator after consulting with both parties?
Common ground will be established.
What role will the mediator take for both parties?
The “Go-Between” who goes back and forth between the parties with offers and counter-offers.
What does the mediator not do unless asked?
The mediator doesn’t give their opinions unless asked, leaving the parties in control.
What is the time length of mediations?
Most last just 1 day. However the parties have control over the process so they can stay as long as they wish and withdraw from mediations at any time.
Is the decision legally binding?
No.
Does mediation always succeed?
No and a court case may follow afterwards.
