Mediation Flashcards
Mediation
This is a form of ADR which uses a 3rd party (the mediator) who facilitates discussion between the parties in order to reach a compromise.
Where will the paries usually be during mediation?
In seperate rooms or locations
What does the mediator do during mediation?
They will put forward the different points and opinions, they try to consult each party to try establish a common ground.
How does a mediator act?
As a “go-between” as they go to and fro between the parties with offers and counter-offers.
What does the mediator not do?
Give their opinion, unless asked, leaving the parties in control.
What sort of dipute can mediation be used for?
Any kind of dipsute, no matter how complex or how much money is at stake.
The Family Mediation Council
Oversees the mediation of family law disputes, and in most cases, court proceedings can only take place when mediation has taken place.
Give an example of family law disputes.
Concering contact with children through seperation, or divorce or seperation issues such as property etc. BUT NOT DOMESTIC VIOLENCE
For what type of dispute has the court encouraged the use of mediation?
Commercial Dsputes (since the civil Procedure Rules 1999)
What is the main mediation service?
The Centre for Effective Dispute Resolution (CEDR)
What services do the law firms that are members of CEDR offer?
Providing the parties with a choice of mediators with relevant expertise, sugggesting a date , and venue for the mediation, and running the mediation itself.
How long do most mediations take place?
In one day
Why do most mediations take place in one day?–> Do the parties have control? Can they withdraw?
The parties have control over the process and so can stay as long as they wish and can withdraw at any time.
Is the decision legally binding?
No
what happens if mediation doesn’t succeed?
A court case may follow
How many mediationstook place in 2020 according to CEDR?
16,500 in 2019-2020, which is a 38% increase from 2018-19 and involved £17.5 billion worth of claims
What was the success rate of the mediations in 2020 according to a CEDR report?
93%
