Mediation

Question 1

What is mediation?

Answer 1

This is where a neutral mediator helps the parties to reach a compromise solution

Question 2

Why does a mediator consult with each party?

Answer 2

to see how much common ground there is between them

Question 3

What will a mediator explore?

Answer 3

They will explore the position with each party looking at their needs and carrying offers to and fro, maintaining confidentiality

Question 4

What will a mediator not do?

Answer 4

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

Question 5

Why is it apart of a mediators job to be a facilitator?

Answer 5

in order for an agreement to be reached by both parties fairly

Question 6

What will happen if a mediator is asked their opinion of the parties?

Answer 6

in this case, the mediation becomes more of an evaluation exercise which as well aims at ending the dispute

Question 7

When is mediation only suitable?

Answer 7

when the parties can cooperate

Question 8

Who are most likely to benefit from mediation?

Answer 8

companies who are used to negotiating contracts with each other are most likely to benefit from this approach

Question 9

What is the important point in mediation ?

Answer 9

the parties are in control, they make the decisions

Question 10

There is a more formal method of approaching mediation, a formalised settlement conference ,what does this involve?

Answer 10

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

Question 11

what is involved in a mini trial?

Answer 11

each side presents its case to a panel composed of a decision-making executive from each party and a neutral party

Question 12

What happens after a mini trial at the formalised settlement conference ?

Answer 12

the executives, with the help of the neutral advisor will evaluate both positions and try to come to an agreement

Question 13

What happens if the two executives cannot agree after the mini trial at the formalised settlement conference?

Answer 13

the neutral advisor will act as a mediator between them

Question 14

What is a benefit of mediation at a formalised settlement conference even if the matter is not resolved?

Answer 14

this procedure may be able to narrow down the issues so that if the case does go to court, it will not take long

Question 15

What is one of the main mediation services? when was it set up ?

Answer 15

Centre for Dispute Resolution, set up in 1991

Question 16

What important companies are members to the Centre for Dispute Resolution (1991)?

Answer 16

all the big London law firms

Question 17

What do businesses say about mediation companies such as the Centre for Dispute Resolution (1991)?

Answer 17

that using the centre to resolve disputes has saved several thousands of pounds in court costs

Question 18

What is the typical cost of a mediator?

Answer 18

£1,000-£1,500 a day

Question 19

What are potential litigation costs ? (court costs)

Answer 19

£100,000 and sometimes even £1 million , especially in commercial cases

Question 20

What is an example of a mediation service which resolves disputes of smaller matters such as between neighbours?

Answer 20

West Kent Independent Mediation Service

Question 21

What does the West Kent Independent Mediation Service do?

4 issues as examples

Answer 21

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

Question 22

Who is the West Kent Independent Mediation Service run by ?

Answer 22

trained volunteers who will not take sides or make judgements on the rights or wrongs of an issue

Question 23

What will the trained volunteers at West Kent Independent Mediation Service do?

Answer 23

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

Question 24

What can happen at a West Kent Independent Mediation Service if both parties agree to a meeting to resolve the dispute?

Answer 24

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

Question 25

What is the latest idea of mediation ?

Answer 25

Online Dispute Resolution

Question 26

What is an advantage of mediation and mini trials?

Answer 26

the decision need not to be a strictly legal one, most likely to be based on commercial common sense and compromise

Question 27

How is the method of mediation an advantage for companies?

Answer 27

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

Question 28

How is mediation a benefit for companies as opposed to the courts in regards to future disputes?

Answer 28

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

Question 29

What does mediation avoid?

Answer 29

the adversarial conflict of the court room and the winner/loser result of court proceedings

Question 30

How many cases does the Centre for Dispute Resolution 1991 claim that they settle in which they are asked for help?

Answer 30

claim that over 80% of cases which it is ask to act are settled

Question 31

What is an advantage of mediation even if the matter is not resolved by this method as found? (2)

Answer 31

-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

Question 32

What is the disadvantage of mediation services?

Answer 32

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

Question 33

What is a disadvantage of using mediation and then going to court if mediation does not work ?

Answer 33

there is an additional cost and delay to resolution

Question 34

What could be a disadvantage with the mediator?

Answer 34

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

Question 35

What is a disadvantage of mediation in terms of the end result claims ?

Answer 35

the amounts paid in mediated settlements are often lower than agreed in other settlements and in courts