Mediation and Conciliation A01 Flashcards
What is mediation?
Mediation is a process where an independent third party helps parties in a dispute to reach a settlement without making decisions for them
How does mediation differ from conciliation?
Mediators facilitate discussions but do not make suggestions or decisions; they help the parties reach a decision themselves.
In what types of disputes is mediation commonly used?
Mediation is commonly used in family disputes, particularly in divorce cases, and also in business disputes to maintain good working relationships.
What is the role of the mediator?
The mediator facilitates communication and helps the parties reach a mutually agreeable solution without giving advice or making decisions.
What was the Family Law Act 1996?
The Family Law Act 1996 was introduced to encourage divorcing couples to use mediation instead of going to court.
Who are the mediators in family disputes often trained by?
Mediators in family disputes are often trained in counselling skills.
What is the Centre for Effective Dispute Resolution (CEDR)?
CEDR, founded in 1990, works to reduce conflict costs and provide dispute resolution options, working with companies, governments, and the public sector in the UK, Europe, and internationally.
Where else is mediation used outside of family disputes?
Mediation is used by local councils to resolve neighbour disputes.
What is conciliation?
Conciliation is a dispute resolution process where a neutral third party actively tries to resolve the dispute by suggesting solutions and facilitating discussion.
How does conciliation differ from mediation?
A conciliator is more actively involved in suggesting solutions, while a mediator only facilitates communication and decision-making.
What is the role of the conciliator?
The conciliator plays an active role in proposing solutions, often meeting with parties separately and suggesting ways to resolve the dispute.
Is conciliation binding?
No, conciliation results in non-binding opinions or suggestions, not binding decisions.
What service does ACAS provide?
ACAS (Advisory, Conciliation and Arbitration Service) offers conciliation services for resolving disputes between employers and employees.
When is conciliation useful in business disputes?
Conciliation helps businesses assess the strength of their case before deciding whether to go to court.
How is conciliation different from arbitration?
Conciliation is less formal than arbitration, and the conciliator does not make a binding decision like an arbitrator would.
