Explain Mediation As A Method Of ADR Flashcards
What is mediation?
Mediation is a method of alternative dispute resolution that uses a neutral third party (the mediator) to facilitate discussion between the parties to reach a compromise.
How does mediation typically occur?
The parties are usually in separate rooms or locations, and the mediator presents different points and opinions.
What types of disputes can mediation resolve?
Mediation can be used to resolve any kind of civil dispute, regardless of complexity or monetary stakes.
Who oversees family law mediation?
The Family Mediation Council oversees the mediation of family law disputes, such as contact with children following a separation.
When can court proceedings begin in relation to mediation?
In most cases, court proceedings can only begin once mediation has taken place, except in cases of domestic violence.
What has been encouraged by the courts in commercial disputes?
Mediation has been strongly encouraged by the courts since the Civil Procedure Rules 1999.
What is the main mediation service?
The main mediation service is the Centre for Effective Dispute Resolution (CEDR).
What services does CEDR provide?
CEDR provides a choice of mediators with relevant expertise, suggests a date and venue for mediation, and runs the mediation itself.
What is the mediator’s role during mediation?
The mediator consults each party to establish common ground and acts as a ‘go-between’ for offers and counter-offers.
Do mediators give their opinions?
Mediators do not give their own opinions unless asked, leaving the parties in control.
How long do most mediations take?
Most mediations take place in one day, and parties can stay as long as they wish and can withdraw at any time.
Is the decision from mediation legally binding?
No, the decision is not legally binding.
What happens if mediation does not succeed?
If mediation does not succeed, a court case may follow.
What did the CEDR report state about mediation in 2020?
In 2020, a CEDR report stated that 16,500 mediations took place in 2019-2020, an increase of 38% from 2018-19, involving £17.5 billion worth of claims, with a 93% success rate.
