Mediation Flashcards
What is mediation?
This is where a neutral mediator helps the parties to reach a compromise solution
Why does a mediator consult with each party?
to see how much common ground there is between them
What will a mediator explore?
They will explore the position with each party looking at their needs and carrying offers to and fro, maintaining confidentiality
What will a mediator not do?
will not tell the parties his own views of the merits of the dispute as it is part of the job to be a facilitator
Why is it apart of a mediators job to be a facilitator?
in order for an agreement to be reached by both parties fairly
What will happen if a mediator is asked their opinion of the parties?
in this case, the mediation becomes more of an evaluation exercise which as well aims at ending the dispute
When is mediation only suitable?
when the parties can cooperate
Who are most likely to benefit from mediation?
companies who are used to negotiating contracts with each other are most likely to benefit from this approach
What is the important point in mediation ?
the parties are in control, they make the decisions
There is a more formal method of approaching mediation, a formalised settlement conference ,what does this involve?
a ‘mini trial’ where each side presents its case to a panel composed of a decision-making executive from each party and a neutral party
what is involved in a mini trial?
each side presents its case to a panel composed of a decision-making executive from each party and a neutral party
What happens after a mini trial at the formalised settlement conference ?
the executives, with the help of the neutral advisor will evaluate both positions and try to come to an agreement
What happens if the two executives cannot agree after the mini trial at the formalised settlement conference?
the neutral advisor will act as a mediator between them
What is a benefit of mediation at a formalised settlement conference even if the matter is not resolved?
this procedure may be able to narrow down the issues so that if the case does go to court, it will not take long
What is one of the main mediation services? when was it set up ?
Centre for Dispute Resolution, set up in 1991
What important companies are members to the Centre for Dispute Resolution (1991)?
all the big London law firms
What do businesses say about mediation companies such as the Centre for Dispute Resolution (1991)?
that using the centre to resolve disputes has saved several thousands of pounds in court costs
What is the typical cost of a mediator?
£1,000-£1,500 a day
What are potential litigation costs ? (court costs)
£100,000 and sometimes even £1 million , especially in commercial cases
What is an example of a mediation service which resolves disputes of smaller matters such as between neighbours?
West Kent Independent Mediation Service
What does the West Kent Independent Mediation Service do?
4 issues as examples
offers free service that will try to help resolve disagreements between neighbours arising from such matters as noise, car parking, dogs or boundary fence disputes
Who is the West Kent Independent Mediation Service run by ?
trained volunteers who will not take sides or make judgements on the rights or wrongs of an issue
What will the trained volunteers at West Kent Independent Mediation Service do?
They will usually visit the party who has made the complaint hear their side of the matter, then with agreement, will ask to visit the other person to get their point of view
What can happen at a West Kent Independent Mediation Service if both parties agree to a meeting to resolve the dispute?
the mediator arranges a meeting between them in a neutral place , the parties are in control and can withdraw from the mediation process at any time
What is the latest idea of mediation ?
Online Dispute Resolution
What is an advantage of mediation and mini trials?
the decision need not to be a strictly legal one, most likely to be based on commercial common sense and compromise
How is the method of mediation an advantage for companies?
makes it easier for companies to continue to do business with each other in the future, may include agreements about the conduct of future business between the parties
How is mediation a benefit for companies as opposed to the courts in regards to future disputes?
In a court, the companies cannot receive or create agreements about the conduct of future business as the court is only concerned with the present dispute
What does mediation avoid?
the adversarial conflict of the court room and the winner/loser result of court proceedings
How many cases does the Centre for Dispute Resolution 1991 claim that they settle in which they are asked for help?
claim that over 80% of cases which it is ask to act are settled
What is an advantage of mediation even if the matter is not resolved by this method as found? (2)
-the parties are more likely to settle the case without going to court than in non-mediated cases
+the issues may have been clarified and so a shorter court hearing than if mediation had not been attempted
What is the disadvantage of mediation services?
there is no guarantee that the matter will be resolved and so it may still be necessary to go to court after the failed attempt of mediation
What is a disadvantage of using mediation and then going to court if mediation does not work ?
there is an additional cost and delay to resolution
What could be a disadvantage with the mediator?
successful mediation requires a skilled mediator with ‘natural talent, honed skills and accumulated experience’ if these qualities are not present mediation can become a bullying exercise in which the weaker party may be forced into settlement
What is a disadvantage of mediation in terms of the end result claims ?
the amounts paid in mediated settlements are often lower than agreed in other settlements and in courts
