mediation Flashcards
1
Q
what happens?
A
neutral 3rd party seeks to facilitate a negotiation process
2
Q
how long can it take?
A
up to a day, small claim=1 hr telephone, complex=even longer
3
Q
who attends mediation?
A
parties and/or lawyers, mediator
4
Q
is there a judge as mediator in the technology and construction court?
A
yes
5
Q
how is mediation prepared for?
A
document bundle, written position statement, contact with mediator
6
Q
how is mediation conducted?
A
face-to-face
7
Q
first stage?
A
joint meeting, opening statements
8
Q
second stage?
A
private meetings
9
Q
third stage?
A
joint meeting, agree and sign written terms
10
Q
benefits?
A
strengths and weaknesses, step out of entrenched positions, flexibility, time to review offers
11
Q
disadvantages?
A
increase costs, depends on skill, need full advise, fail=antagonistic parties
