Defining Mediation

Question 1

Whose definition of mediation?
→ Mediation is a decision-making process in which the parties are assisted by a third party,
→ The mediator;
→ The mediator attempts to improve the process of decision-making,
→ Through the use of a variety of skills and techniques,
→ To assist the parties to reach an outcome to which each of them can assent.

Answer 1

This is Boulle and Kelly’s preferred definition of mediation

Question 2

Boulle and Kelly argue that:

Answer 2

It is difficult to define mediation as there is not a single decision-making model that is suitable for all methods of mediation

Question 3

Which of the following statement regarding mediation and arbitration is false?

Answer 3

Mediation and arbitration are two words that mean the same thing

Question 4

Fisher, Ury & Patton say you decide to break off the principled negotiation into three stages, which are

Answer 4

→ Analysis
→ Planning
→ Discussion

Question 5

Does the transformative of the therapeutic model of mediation include any of the following:

a. Is always best when there are more than two parties to a negotiation
b. Ensures a mutually beneficial allocation of resources more than any other approach
c. Always results in a deal
d. Most clearly resembles the ecclesiastical model of mediation

Answer 5

None of the above