Mediation Flashcards
What is mediation?
Confidential negotiation facilitated by a neutral third party
What are some features of mediation?
Privacy, confidentiality, neutral third party, non legal based remedies, no adverse precedent
The negotiation process is subject to contractual principles. There must be an offer which has been accepted and the terms of the agreement must be sufficiently clear to be enforceable. True or false?
True
The principle of “without prejudice” will apply to all communications made as part of an attempt to settle a case, whether oral or written. However, a Court may separate out elements which are “without prejudice” from a wide ranging meeting. True or false?
True
Mediation is effectively a facilitated and more structured form of negotiation, with an independent third party as a mediator. True or false?
True
“Mediation can identify common ground which conventional negotiation does not reach” «_space;Who said that?
Lord Justice Jackson
Which ADR method is described as “neutrally assisted negotiation” in Aird v Prime Meridian by May LJ?
Mediation
Name 5 reasons why mediation may be effective.
- The mediator adds a new dynamic to the parties
- The mediator can help parties work through deadlock created by positional or competitive negotiation
- The mediator can help diffuse strong feelings that can be a barrier to reaching settlement
- Mediation is a flexible process and can be tailored to the needs of the case.
- Mediation is cost effective if parties select a low cost, time limited fixed fee mediation
- Mediation is confidential.
- Mediation avoids the emotional stress of some witnesses giving evidence at court
- A settlement reached by mutual agreement is more likely to preserve relationships.
- Mediation enables the parties to be more creative when reaching settlement. Non legal remedies are available.
- Going through mediation may narrow the issues
