Mediation and Conciliation A01 Flashcards
(15 cards)
What is mediation?
-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 do not make suggestions or decisions
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?
-facilitates communication
-helps the parties reach a mutually agreeable solution (without giving advice or making decisions)
What does the Family Law Act 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)?
-works to reduce conflict costs
and
-provide dispute resolution options
Where else is mediation used outside of family disputes?
Mediation is used by local councils to resolve neighbour disputes.
What is conciliation?
-a neutral third party
-actively tries to resolve the dispute
-by suggesting solutions and facilitating discussion
How does conciliation differ from mediation?
more actively involved in suggesting solutions
What is the role of the conciliator?
-active role
-meets with parties separately
-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.
