Mediation and Conciliation A01 Flashcards

(15 cards)

1
Q

What is mediation?

A

-an independent third party
-helps parties in a dispute to reach a settlement
-without making decisions for them

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2
Q

How does mediation differ from conciliation?

A

mediators do not make suggestions or decisions

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3
Q

In what types of disputes is mediation commonly used?

A

Mediation is commonly used in family disputes, particularly in divorce cases, and also in business disputes to maintain good working relationships.

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4
Q

What is the role of the mediator?

A

-facilitates communication
-helps the parties reach a mutually agreeable solution (without giving advice or making decisions)

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5
Q

What does the Family Law Act encourage?

A

divorcing couples to use mediation instead of going to court

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6
Q

Who are the mediators in family disputes often trained by?

A

Mediators in family disputes are often trained in counselling skills.

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7
Q

What is the Centre for Effective Dispute Resolution (CEDR)?

A

-works to reduce conflict costs
and
-provide dispute resolution options

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8
Q

Where else is mediation used outside of family disputes?

A

Mediation is used by local councils to resolve neighbour disputes.

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9
Q

What is conciliation?

A

-a neutral third party
-actively tries to resolve the dispute
-by suggesting solutions and facilitating discussion

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10
Q

How does conciliation differ from mediation?

A

more actively involved in suggesting solutions

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11
Q

What is the role of the conciliator?

A

-active role
-meets with parties separately
-suggesting ways to resolve the dispute

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12
Q

Is conciliation binding?

A

No, conciliation results in non-binding opinions or suggestions, not binding decisions.

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13
Q

What service does ACAS provide?

A

ACAS (Advisory, Conciliation and Arbitration Service) offers conciliation services for resolving disputes between employers and employees.

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14
Q

When is conciliation useful in business disputes?

A

Conciliation helps businesses assess the strength of their case before deciding whether to go to court.

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15
Q

How is conciliation different from arbitration?

A

Conciliation is less formal than arbitration, and the conciliator does not make a binding decision like an arbitrator would.

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