Dispute resolution Flashcards
Mediation is one form of what is known as _____?
alternative dispute resolution
Mediation is voluntary but requires ____of all the parties involved before it can go ahead.
consent
Mediation is carried out by a neutral, ____third party called mediator
impartial
This third party is also sometimes known as a ____?
facilitator
He / she spends time with all the parties involved in joint session and also in private meetings known as ____?
caucus
Resolutions and settlements are based on _____ and on mutual agreement and acceptance
compromise
A mediation process is said to be ‘without _____” which means that anything that was said during the mediation cannot be used if there is no agreement and the case has to go to court.
prejudice
If an agreement is reached and the parties sign a written agreement, this agreement becomes binding and the parties are obliged to _____it. This can then be enforced contractually if necessary
honour
______involves all parties in the dispute appearing before a tribunal
arbitration
An _____ is usually an expert in a particular field, and so this form of dispute resolution may be preferable in disputes where specialist knowledge is required
arbitrator
unlike mediation, arbitration involves an ______which will probably benefit one side in the dispute more than the other(s).
adjudication
This form of dispute resolution is also less private than mediation, and information may end up in the_____?
public domain