Dispute Resolution Processes

Question 1

What is mediation?

Answer 1

A process in which a mediator helps both parties negotiate for a settlement of dispute.

Question 2

In mediation, the mediator focuses on who is at fault for the dispute. True or false?

Answer 2

False. Mediators do not focus on fault. They focus on how to reach a solution that both parties are happy with.

Question 3

What is conciliation?

Answer 3

Like mediation, but conciliator has expertise in subject matter.

Question 4

In mediation, both parties are bound to the decision of the mediator. True or false?

Answer 4

False. Both parties are not bound by the decision of the mediator.

Question 5

What is a neutral evaluation?

Answer 5

An early assessment of the likelihood of each party’s success if the case is brought to court. Each party’s lawyers will present the case to the judge, who will review the evidence and provide an evaluation. The evaluation can be binding or non-binding (depending on what parties choose).

Question 6

Why do people go for neutral evaluation?

Answer 6

To know where their case stands and whether they should settle

Question 7

What are the advantages of mediation??

Answer 7

Preserves relationships
Low cost
Fast
Confidential
No prejudice to legal position
Win-win solutions