Mediation

Question 1

What is mediation?

Answer 1

A neutral third party acts as a go between to help 2 disputing parties

Question 2

What does a mediator do?

Answer 2

Defines the issues but does not offer solutions

Question 3

Is mediation forced or voluntary?

Answer 3

Voluntary process, only legally binding if both sides agree (intentional to create legal relations)

Question 4

Is legal representation needed in mediation?

Answer 4

No can be an option but discouraged

Question 5

Who pays for mediation?

Answer 5

A party needs to pay their own legal costs

Question 6

What type of dispute typically use mediation?

Answer 6

Relationships and divorce

Question 7

What act encourages couples separating to use mediation?

Answer 7

The Family Law Act 1996

Question 8

What company offers mediation in divorce cases?

Answer 8

Relate - trained counsellors not always legally trained
See 150,000 a year

Question 9

What are the advantages of mediation?

Answer 9

Speed and convenience
Empowerment
Efficient
Cost
Expertise
Privacy

Question 10

How many parties form an agreement through mediation?

Answer 10

80% partial agreement
40% complete agreement

Question 11

What is the difference in cost between civil court for divorce and mediation?

Answer 11

Court: £2000 - £30,000
Mediation: £600

Question 12

What are the disadvantages of mediation?

Answer 12

Imbalance of power
Lack of legal expertise
20% reach no agreement
Enforceability