mediation Flashcards
what is mediation
an impartial third party helps the parties to communicate about their issues and to reach an agreement to resolve a dispute.
what is the mediators role
qualified professional whose role is to help communication between the parties when they are in deadlock on their issues. The mediator helps the parties to define their issues through communication, and sometimes acts as a messenger between parties in different rooms if parties cannot be in the same room together. Importantly, the mediator is NOT allowed to give advice to either party on what outcome they should aim for.
what is the process of mediation (6)
The parties agree to meet with a mediator at a specific appointment time
The parties and the mediator sit together and discuss their issues
The aim is for the parties to agree on a compromise to resolve their issue
There can often be a number of sessions between parties to resolve their issue
If they do agree, they can sign a legally binding agreement which can be enforced by the court
However, if they do not agree to reach a compromise, no decision is made and the parties are left without a resolution
what types of cases are mediation used for (3)
Most commonly used for divorce and child custody issues
Neighbor disputes may also use mediators or disputes
Also it can be useful to resolve issues between colleagues at work (e.g. two staff members who refuse to work the same shifts together)
what act is required before a family case
Family Law Act 1996 requires this before court hearings
where does it take place
Mediation takes place in a private and neutral location – this is usually a mediators offices, which can help the parties to feel more relaxed as they are not on the “territory” of the other party.
is it always legally binding
no - only if an agreement is reached it is
where does this leave the clients if an agreement isn’t reached
Parties can decline to sign an agreement which leaves them without a remedy and they may still need to go to court afterwards
how much does this usually cost
Mediator fee payable (up to £425 for 4 hour session, still much cheaper than using the court)
